Miami Legal Tips Blog

Courts strike down Florida I.Q. and death penalty law

florida i.q. lawA case followed by news media and legal analysts nationwide came to an end last week, as the U.S. Supreme Court ruled Florida’s law on mental retardation and the death penalty unconstitutional, according to the Washington Post. The Florida law, which ruled that a defendant on death row could only be ruled too mentally disabled to be executed if he or she had an I.Q. of below 70, was deemed to be too rigid. This opens new opportunities for defendants suffering forms of mental challenges which are not necessarily reflected by an I.Q. test, and the Miami criminal defense attorneys at Gilbert and Smallman take this development seriously.

The ruling has broad implications, and will affect the similar laws on the books in Florida, Virginia, Kentucky, and several other states. This is the first Supreme Court ruling on mental disability and capital punishment since 2002’s Atkins v. Virginia, in which the court ruled that executing prisoners with mental retardation violated the Constitution’s prohibition of “cruel and unusual punishment.” Now the court has gone a step further, banning a means of identifying mental retardation which several states had used with respect to the death penalty.

“Florida seeks to execute a man because he got a 71 instead of a 70 on an I.Q. test,” wrote Supreme Court Justice Anthony Kennedy wrote in his 5-4 majority decision. “Persons facing that most severe sanction must have fair opportunity to show that the Constitution prohibits their execution. Florida’s law contravenes our nation’s commitment to dignity and human decency as the mark of the civilized world.” It was a harsh condemnation of the practice of a concrete line being drawn to determine mental disability, and a gesture toward a more inclusive standard of retardation for those subject to the harshest penalty of U.S. law.

This is the most recent in a string of decisions which have cut back on the acceptable uses of capital punishment in America. Bare majorities have concluded in other cases that only adults may be executed, and that the death penalty is only a fitting punishment for murder.

Of course, the highest Court’s decision will impact how criminal prosecution cases play out in Florida. If you have been accused of any form of crime, it is best to know your rights, and what conditions may entitle you to protection from harsh penalties. Whether you are charged with running a red light, a DUI, or a more serious crime, Gilbert and Smallman is ready to address your needs—get in touch with a Miami-Fort Lauderdale area attorney today!

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