A More Intelligent and Just "Atkins:" Adjusting for the Flynn Effect in Capital Determinations of Mental Retardation or Intellectual Disability

Authors

Geraldine W. Young

First Page

615

Abstract

In Atkins v. Virginia, the U.S. Supreme Court declared a ban on all executions of mentally retarded persons. This declaration, however, rings hollow for those mentally retarded defendants and inmates who continue to face death sentences as a result of the inconsistent enforcement of Atkins across jurisdictions. One issue in particular-whether to adjust intelligence-test scores for the phenomenon known as the Flynn Effect-has caused inconsistency among courts and has sparked a contentious battle among experts. It blurs the already-precarious line between life and death. And yet, the Flynn Effect captivates capital defendants and inmates with its promise of adjusting intelligence-test scores and of providing a more intelligent and just approach to Atkins.

Recommended Citation

Geraldine W. Young, A More Intelligent and Just "Atkins:" Adjusting for the Flynn Effect in Capital Determinations of Mental Retardation or Intellectual Disability, 65 Vanderbilt Law Review 615 (2012)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol65/iss2/6