Execution of Warren Hill, New Survey Shows Georgians Support Changing Death Penalty Statute for Individuals with Intellectual Disabilities

The results of a survey released today by All About Developmental Disabilities (www.aadd.org), an Atlanta-based advocacy and support organization, show that the majority of Georgians believe that people with intellectual disabilities should NOT face execution.  These results come as the State of Georgia prepares for the July 15 execution of Warren Hill, a man experts have determined is intellectually disabled.

The survey also shows that Georgians are unaware that our state is the only one in the nation requiring that defendants prove intellectual disabilities “beyond a reasonable doubt,” rather than the “preponderance of the evidence” standard used by all other states.  Most Georgians surveyed favor changing the language of the law during the next legislative session.

Kathy Keeley, executive director of All About Developmental Disabilities said: “Sixty-nine percent of Georgians either support changing the law or have no opinion. Given voters’ strong reaction to the first two questions it seems certain that there would be minimal opposition to a change in law.”

The Georgia Legislature is planning to implement a study group later this year to review the state’s death penalty law.  The law would only take two small paragraphs to change our burden of proof and thus prohibit those with intellectual disabilities from being executed.  

Warren Hill has an IQ of just 70.  He is one of several on Georgia’s death row who meet the standard for intellectual disability in every state except Georgia.  Three doctors, who had previously testified on behalf of the state, now concur with all other doctors and agree that Hill is mentally retarded and that their evaluation of him more than a decade ago was mistaken.

Background on the Death Penalty in Georgia

·       The U.S. Supreme Court -- in the landmark Atkins v. Virginia decision in 2002 -- found that persons with intellectual disabilities require a categorical exemption from the death penalty.  

·       People with intellectual disabilities experience many challenges when they come in contact with the judicial system.  Often attorneys and others involved in the judicial process don’t even recognize that a person has a disability.  Intellectual disabilities are rarely identified at the time of arrest, questioning or arraignment.  Only ten percent are identified even at trial.

·       The diagnosis is often not identified until the person is in prison or on death row.  This late identification of the disability can have dire outcomes, including death.  

·       In 1988, Georgia was the first state to prohibit the execution of persons with intellectual developmental disabilities, impelled by mass outrage at the execution of a mildly mentally retarded prisoner named Jerome Bowden in 1986.  

·       Are you in favor of prohibiting the execution of an individual who has committed a capital crime if it is determined that the individual has an intellectual disability such as mental retardation?

Favor: 57%

Oppose: 32%

Undecided: 11%

·       Are you aware that Georgia is the only state in the nation with the death penalty that requires in a criminal case that the burden of proof to determine if a defendant has an intellectual disability such as mental retardation is that of “beyond a reasonable doubt,” with all other states using a standard of “preponderance of the evidence” to determine if the defendant has an intellectual disability? 

Aware: 26%

Unaware: 74%

·       What would be your opinion if Georgia changed its laws next year to require that “a preponderance of the evidence” be the burden of proof for defendants in determining if the accused has an intellectual disability such as retardation?

Favor: 41%

Oppose: 31%

Undecided: 28%