Update: Intellectually Disabled Georgia Man Faces Monday Execution if Supreme Court Does Not Step In
An earlier version of this blog post used the phrase 鈥渕entally retarded鈥� to describe Mr. Hill. That phrase is the one used by the Supreme Court in its decision in Atkins v. Virginia, barring executions for this population. Having heard from concerned readers, we have corrected the post to use what is now the medically preferred phrase, 鈥渋ntellectually disabled.鈥�
Georgia stands poised to execute Warren Hill on Monday even though a Georgia court affirmed yesterday that Hill has an IQ of only 70. The court said that Hill meets the overall criteria for being intellectually disabled. But, Georgia law requires that death row inmates prove beyond a reasonable doubt they are intellectually disabled in order to avoid execution, and the court said Hill failed to do that.
A decade ago, the Supreme Court ruled that it is unconstitutional to execute people with mental retardation in , noting that their disability "places them at special risk of wrongful execution."
We wrote about Hill earlier this week, along with Yokaman Hearne, who was facing execution in Texas despite compelling evidence of serious mental disabilities. Regrettably, the State of Texas went forward with Mr. Hearne鈥檚 execution on Wednesday. But it is not too late for justice and common sense to prevail in Georgia. It is now up to the U.S. Supreme Court, which has before it Mr. Hill鈥檚 last remaining appeals.
Georgia鈥檚 requirement that death row inmates prove mental retardation beyond a reasonable doubt is an . It is entirely appropriate to hold the prosecution to that strict standard when it seeks a conviction or sentence that would deny a person his liberty or life: better a guilty man go free than an innocent one be condemned. But it is unconscionable to hold a defendant to this high standard 鈥� and no other state does so 鈥� in considering whether his mental retardation bars execution. The standard creates too much risk that we will execute a person who is intellectually disabled.
Hopefully, Hill鈥檚 execution will be stopped before Georgia commits the ultimate miscarriage of justice.
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