Executing Defendants with Intellectual Disabilities: Unconstitutional in Theory, Persistent in Practice

In 2002, in Atkins v. Virginia, the Supreme Court abolished the death penalty for defendants with intellectual disabilities. The Court held that executing individuals with intellectual disabilities is cruel and unusual punishment, violat-ing the Eighth Amendment. The Court afforded the states the power to define in-tellectual disability for the purpose of death penalty eligibility. Post-Atkins cases reveal that the states have composed superficial and oversimplified definitions of intellectual disability. State definitions lack consistency and include nonclinical standards. As a result, courts continue to sentence defendants with intellectual disabilities to death. This Note argues that states should adopt a uniform defini-tion of intellectual disability for the purpose of death penalty eligibility and pro-poses a model standard in line with clinical standards.