US EditionGeorgia set to ease strict rules for proving intellectual disability in death penalty cases
- The Georgia Senate voted 53-1 in favor of a bill that would ease the strict rules for proving intellectual disability in death penalty cases, sending it to Governor Brian Kemp after years of effort.
- Georgia's current standard requires individuals to prove intellectual disability beyond a reasonable doubt to avoid the death penalty, a stricter standard than any other state and stricter than what was set by the U.S. Supreme Court in 2002 when it ruled executing intellectually disabled people violates constitutional protections against cruel and unusual punishment.
- House Bill 123, sponsored by Republican state Rep. Bill Werkheiser, aims to lower the standard of proof to a preponderance of evidence and alter trial procedures to give defendants a fairer chance to demonstrate their disability.
- The final bill requires the defense to provide evidence of intellectual disability to prosecutors no later than 60 days before the pretrial hearing and adds the option of life without parole instead of the death penalty.
- While some prosecutors express concern that the bill would make it too difficult or even impossible to pursue the death penalty, others, including Ocmulgee Judicial Circuit District Attorney T. Wright Barksdale III, have acknowledged its likely passage and requested changes, with Democratic Rep. Esther Panitch calling the execution of intellectually disabled individuals a 'moral failure'.
23 Articles
23 Articles
Georgia bill lowering threshold for proving intellectual disability in death penalty cases heads to Gov. Kemp
A bill easing Georgia's strict requirements for a person facing the death penalty to be considered intellectually disabled now heads to the desk of Gov. Brian Kemp after passing the Senate on Monday.
Georgia Public Broadcasting
Intellectually disabled could be shielded from Georgia’s death penalty, pending governor’s signature
Georgia is the only state with the death penalty that requires defendants to prove beyond a reasonable doubt that they are intellectually disabled to be spared execution. That could soon change.
Cherokee Tribune Ledger News
capitol-beat.orgLegislature votes to make it easier to prove intellectual disability in death penalty cases
ATLANTA – The Georgia legislature threw its support behind legislation that would make it easier for defendants in death penalty cases to avoid execution by proving that they have an intellectual disability. The House of Represenatives approved House Bill 123…
Associated Press News
Georgia set to ease strict rules for proving intellectual disability in death penalty cases
A Georgia bill that would ease the state's tough death penalty law is on track to become law. It is illegal in every U.S. state for someone to get the death penalty if they are intellectually disabled.
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