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Question about Intellectual Disability and death penalty

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Nades
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08 Feb 2022, 4:32 pm

FranzOren wrote:
The problem is that no IQ tests is required to diagnose Intellectual Disability, but the courts still use the outdated methods of determining Intellectual Disability, and I did a research that the state determines if the verdict has Intellectual Disability.

It's not the state's business ether, only qualified professionals can determine if a person has mental health, neurodevelopmental disorders or not.

When to comes to severe to profound Intellectual Disability, you could know right from wrong, but your capacity will be diminished and be incompetent to stand trial. What I am saying is that talking to people with severe to profound Intellectual Disability like adults, they might not understand you, unless you explain to them what they have done wrong slowly, and with therapy.

More accurate way to determine Intellectual Disability:

* Memory problems, problem solving, learning, logic, reasoning, adaptive functioning in severity


I think even with an accurate test, the threshold for intellectual disability will not really lower someone's ability to know right from wrong. For someone who isn't suffering from psychosis to truly not know right from wrong takes someone so severely disabled that they are almost incapable of murder.

For me it's more of a case of understanding whether that person knew that murder for example is a crime of the worst severity and not comparable to a much lesser crime like stealing 1000 bucks. There will be some ID people who might not be able to comprehend that murder is many magnitudes more severe than a hefty theft.

For cases of multiple unprovoked murder or torture it's different, even someone with a low IQ will know full well the severity of crimes like that.

How intelligence is actually gauged is tricky. An IQ test should obviously be the norm but there should be plenty of developmental indications of a low IQ anyway.



FranzOren
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08 Feb 2022, 5:28 pm

That is a good point, it's just that there are people like me that have milder problems with problem solving, learning, logic reasoning and adaptive functioning, but have normal sense of right and wrong.

I don't have problems with logic and reason, but have milder problems with problem solving, learning some academics, especially math and writing, and adaptive functioning.

I hope you know what I mean, but when Intellectual Disability is more severe, you have diminished capacity, and when it is even more severe, your are incompetent to stand trial.

Intellectual Disability is not the same as severe or profound psychosis, of course it won't preclude you from knowing right from wrong, but with moderate Intellectual Disability, you might not be capable of commiting all the elements of criminal acts. That is when diminished capacity comes in. When it comes to severe to profound Intellectual Disability, you will not be able to understand the criminal proceedings, and be able to assist yourself in a rational way, that is when the question of competency comes in. That doesn't mean that you won't be punished, but the punishment needs to fit your level of understanding, but you will still be incarcerated for a long time for lesser charge of serous felonies. But, there should be some kind of mental health intervention to gain some competence and learn how to defend yourself in court, but there will be medical professional that will help.