Following Up After Moore and Hall: A National Survey of State Legislation Defining Intellectual Disability

Abstract

Since the Supreme Court’s decision in Atkins v. Virginia (2002), state legislatures have struggled to define intellectual disability as it relates to death penalty eligibility. In Hall and Moore, the Court rejected brightline cutoffs based on IQ score and suggested that medical definitions of intellectual disability should be consulted. With limited guidance from the Supreme Court, state definitions of intellectual disability can vary considerably. This study identified the legislative definitions of intellectual disability in all 50 states and reviewed relevant case law when applicable. Results show that definitions of intellectual disability significantly vary by state, and few states with active death penalty statutes comply with the accepted medical definitions for intellectual disability. These results have significant clinical and policy implications for defendants with intellectual disability, as well as practical implications for forensic mental health professionals who conduct evaluations of individuals facing the death penalty.