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Journal article
The case of intellectual disability vs. the death penalty: A Foucauldian analysis of Georgia’s beyond a reasonable doubt standard of proof
Critical Disability Discourses, Vol.9, pp.25-52
09/23/2019
Abstract
Georgia was the first state in the United Statesto ban the execution of persons with intellectual disability, and did so 14 years prior to the federal mandate in Atkins v. Virginia(2002). In doing so, it became and remains the only state to invoke the highest of standards, beyond a reasonable doubt. When states use a standard higher than the lowest of three, defendants raising the claim of intellectual disabilityare placedat an increased risk for rights violationsthat may include lack of due process, the imposition of cruel and unusual punishment, and finally, in the extinction of life.
The purpose of thiscase study is to analyze the 2013 legislative informational hearing hosted by the Georgia House of Representatives Non-Civil Judiciary committee on the state’s standard of proofusing Foucault’s medico-judicial perspective. Based on this analysis, the second purpose of the study is to propose aposition of advocacy and respective strategy for changing Georgia’sstandard of proof of intellectual disability.Lastly, this article recommends a strategy ofleveraging the medical model of intellectual disability in the criminal justice context as an instrument for diminishing the risk for unlawful execution and enhancing the securement of accommodations while in state penal custody, as per federal law.
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- Title
- The case of intellectual disability vs. the death penalty
- Publication Details
- Critical Disability Discourses, Vol.9, pp.25-52
- Resource Type
- Journal article
- Publisher
- Critical Disability Discourses is published under the auspices and with the support of the faculty and staff of the Critical Disability Studies department in the Faculty of Graduate Studies at York University, as well as with the support and solidarity of the Critical Disability Studies Student Association (CDSSA)
- Format
- link
- Copyright
- This work is licensed by the author under a Creative Commons Attribution 4.0 International License
- Identifiers
- 99380464595306600
- Academic Unit
- Social Work
- Language
- English; French