The Gray Area of Intellectual Disability and the Death Penalty The Supreme Court's recent decision in Joseph Clifton Smith's case has raised concerns about the arbitrary nature of the justice system when determining intellectual disability in capital cases.
While sympathetic to Smith's plight, the ruling leaves many questions unanswered regarding the criteria for evaluating intellectual disability.
At the heart of the issue are conflicting IQ scores used to determine Smith's competence. His IQ range over nearly four decades is 72 to 75, with some arguing this is sufficient evidence of intellectual disability.