In the Atkins case, a jury decided that the defendant could be executed because his IQ had reportedly increased. The jury reasoned that his numerous contacts with his lawyers provided intellectual stimulation, raising his IQ to a level where the state could proceed with execution.

Atkins Case: Increased IQ Argument

Following the Supreme Court's decision that established a state legislature consensus against executing individuals with intellectual disabilities, the Court left it up to individual states to determine their own definitions of intellectual disability. Consequently, definitions regarding who can be executed vary among states.

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The landmark U.S. Supreme Court case of Atkins v. Virginia originated from an August 1996 crime in which Daryl Atkins and an accomplice robbed, kidnapped, and murdered a local airman. A central element during the subsequent trial was the testimony of a clinical psychologist, who evaluated Atkins and stated that his IQ score was 59—substantially below the mean IQ score of 100. Based on this assessment, the psychologist concluded that Atkins possessed an intellectual disability.

Atkins v. Virginia

Spielman, R. M., Jenkins, W. J., & Lovett, M. D. (2020, April 22). Psychology (2nd ed.). OpenStax. https://openstax.org/books/psychology-2e/pages/1-introduction

OpenStax Psychology (2nd ed.) Textbook

In June 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing individuals with intellectual disabilities constitutes 'cruel and unusual punishment' under the Eighth Amendment. The Court's decision was based on the reasoning that intellectual disability affects decision-making capabilities, which should be considered in criminal sentencing. This landmark ruling, which reversed a previous legal stance, was also influenced by a growing national consensus among state legislatures against such executions.

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