Briseño factors

Intellectual Disability and Death Row in Texas: Why Lennie Should Not Be the Standard

Intellectual Disability and Death Row in Texas: Why Lennie Should Not Be the Standard

In Atkins v. Virginia, the Supreme Court issued a momentous ruling stating that it is a violation of the Eighth Amendment ban on cruel and unusual punishment to execute inmates with intellectual disabilities. This statement seems straightforward. However, the Court failed to establish a specific test or define under what circumstances it considers individuals to be intellectually disabled for purposes of capital punishment. Thus, in practice, states are left to determine what standard to utilize.