Amicus Brief - Freddie Lee Hall v. State of Florida

29 Pages Posted: 12 Jan 2014

See all articles by Adam Lamparello

Adam Lamparello

Georgia College and State University; Assistant Professor of Public Law

Charles MacLean

Metropolitan State University School of Law Enforcement and Criminal Justice

Date Written: December 1, 2013

Abstract

IQ cutoffs violate the Constitution. In Atkins v. Virginia, the United States Supreme Court recognized three distinct components to intellectual disability: (1) an intelligence quotient; (2) deficits in adaptive functioning; and (3) onset prior to eighteen. The Florida Supreme Court interpreted Fla. Stat. § 921.137(1) to bar evidence of adaptive disability and early onset if a defendant scored above a 70 on an IQ test. As Justice Perry recognized in his partial dissent, that interpretation will "lead to the execution of a retarded man." The Amicus brief argues that the Florida Supreme Court's decision should be reversed because it prohibits the type of individualized consideration that the Court's death penalty jurisprudence demands. As evidenced in the juvenile context, reduced culpability is the basis upon which to spare individuals -- and certain groups -- from the death penalty. Florida's IQ cutoff prohibits such an inquiry, and is therefore unconstitutional under the Eighth Amendment.

Suggested Citation

Lamparello, Adam and Lamparello, Adam and MacLean, Charles, Amicus Brief - Freddie Lee Hall v. State of Florida (December 1, 2013). Available at SSRN: https://ssrn.com/abstract=2377815 or http://dx.doi.org/10.2139/ssrn.2377815

Adam Lamparello (Contact Author)

Georgia College and State University ( email )

Milledgeville, GA 31061-0490
United States

Assistant Professor of Public Law ( email )

Charles MacLean

Metropolitan State University School of Law Enforcement and Criminal Justice ( email )

700 East Seventh Street
St. Paul, MN 55106
United States

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