Hall v. Florida: The Death of Georgia's Beyond a Reasonable Doubt Standard

Houston L. Rev. Off the Record (2014 Forthcoming)

17 Pages Posted: 24 Sep 2014 Last revised: 24 Oct 2014

See all articles by Adam Lamparello

Adam Lamparello

Georgia College and State University; Assistant Professor of Public Law

Date Written: September 24, 2014

Abstract

Welcome: We’re Glad Georgia is On Your Mind.

Georgia is on many minds as Warren Hill prepares for a state court hearing to once again begin the process of trying to show that he is intellectually disabled. As Warren Hill continues to flirt with death, one must ask, is Georgia really going to execute someone that nine experts and a lower court twice found to be mentally retarded? The answer is yes, and the Georgia courts do not understand why we are scratching our heads. The answer is simple: executing an intellectually disabled man is akin to strapping a ten-year old child in the electric chair.

Georgia’s standard for determining intellectual disability -- beyond a reasonable doubt -- is itself intellectually disabled. In 1986, Georgia became the first state to ban executions of the intellectually disabled. It should also be the next state to eliminate a standard that, as a practical matter, ensures execution of the intellectually disabled.

Ultimately, the Georgia legislature must explain why it chooses to execute defendants like Warren Hill, and the Georgia courts must explain why they allow it to happen. Intellectually disabled defendants do not appreciate or understand why they are being executed. Their crimes may be unspeakable, but the punishment is never proportional. Until Georgia provides an answer that extends beyond platitudes and biblically inspired notions of justice, the fact will remain that executing Warren Hill is as heinous as the crimes he committed. The only acceptable answer should come from the Supreme Court, holding that Georgia’s beyond a reasonable doubt standard violates the Eighth Amendment.

Keywords: eighth amendment, cruel and unusual punishment, Warren Hill, Hall v. Florida, due process, intellectual disability, Atkins v. Virginia, death penalty

JEL Classification: K14

Suggested Citation

Lamparello, Adam and Lamparello, Adam, Hall v. Florida: The Death of Georgia's Beyond a Reasonable Doubt Standard (September 24, 2014). Houston L. Rev. Off the Record (2014 Forthcoming), Available at SSRN: https://ssrn.com/abstract=2499795 or http://dx.doi.org/10.2139/ssrn.2499795

Adam Lamparello (Contact Author)

Assistant Professor of Public Law ( email )

Georgia College and State University ( email )

Milledgeville, GA 31061-0490
United States

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