This document summarizes John H. Blume's presentation on empirical research regarding Atkins v. Virginia and its application in capital cases. Some key findings include:
- Approximately 7% of death row prisoners have filed Atkins claims, with around 40% of filed claims being successful. However, success rates vary widely between states.
- States often deviate from clinical definitions of intellectual disability when evaluating Atkins claims, such as using strict IQ cutoffs or disregarding adaptive functioning weaknesses.
- Race effects are present, with average IQ scores being higher for white claimants than black or Hispanic claimants.
- Current research is examining factors like jury vs judge determinations and potential cases of factual innocence.
Salient Features of India constitution especially power and functions
Blume 2010 AAIDD Atkins MR/ID Death Penalty Symposium presentation
1. An Empirical Look at Atkins v. Virginia and its Application in Capital Cases John H. Blume AAIDD Annual Meeting Providence, RI June
2. Empirical Survey of Post-Atkins Cases Floodgates and Frivolous Litigation? Prong by Prong: More Evidence of State Deviations from the Clinical Definitions Race Effects Current Research
4. Justice Scalia in Atkins “This newest invention promises to be more effective than any of the others in turning the process of capital trial into a game. One need only read the definitions of mental retardation to realize that the symptoms of this condition can readily be feigned. And whereas the capital defendant who feigns insanity risks commitment to a mental institution until he can be cured (and then tried and executed), the capital defendant who feigns mental retardation risks nothing at all.” Atkins v. Virginia, 536 U.S. 304, 353 (2002) (Scalia, J., dissenting).
5. “Time will tell . . . .” Prisoners on death row nationwide: approximately 3,300 Capital defendants or death row prisoners filing Atkins claims: approximately 7%
7. High Success Rates Winning Atkins claims: approximately 40% of filed Atkins claims have won Proportion of death row population found to have MR: approximately 3% actual number may be higher
8. WIDE STATE VARIATION There is wide state variation among states: North Carolina: 17 of 21 cases have been successful Alabama: 4 of 28 cases have been successful Based on our research, the success rate appears to be linked to The availability of funding The state definition of MR
9. II. Prong by Prong: The Impact of Divergent Applications of the Clinical Definitions
45. AVERAGE IQ SCORES OF ATKINS’ CLAIMANTS African American Inmates – 71 Caucasian Inmates – 73 Hispanic Inmates - 69
46. IV. CURRENT RESEARCH Jury v. Judge – There have been 24 jury determinations of whether a capital defendant is a person with mental retardation (that we are aware of) since Atkins was decided. In 1 case the jury found for the defendant. Juror Interviews Factual Innocence