A fresh legislative measure, making its way through the Georgia House of Representatives, promises to streamline the process by which lawyers can establish their client’s intellectual disability. This proposed change in legislation could potentially prevent mentally impaired individuals from facing capital punishment. Back in 1988, Georgia first prohibited the execution of individuals who could verifiably demonstrate intellectual disabilities.
This stance was further solidified by a U.S. Supreme Court ruling in 2002, which extended the ban on capital punishment for those with confirmable intellectual disabilities across the country. However, this ruling also delegated the authority of establishing the required proof level for demonstrating a disability to individual states. Among all states, Georgia stands distinguished for its demand for ‘beyond a reasonable doubt’ as the benchmark for establishing this proof, which is the most stringent standard present in judicial proceedings.
But this high standard might soon be replaced with ‘by preponderance of evidence’, a less exacting level of proof, according to the plans laid out in House Bill 123. Those lobbying for the passage of this bill point out that individuals with intellectual disabilities are already battling inequalities in daily life. They insist that these disparities should not extend to legal processes.
Dr. Cathy Harmon-Christian, serving as the Executive Director of Georgians for Alternatives to the Death Penalty, expressed concern that people with intellectual disabilities are prone to offering false confessions due to their inability to effectively advocate for themselves. According to her, ‘proving it beyond a reasonable doubt in front of a jury familiar with the grotesque details of a crime is an arduous task. Georgia is the only state imposing such a heavy burden of proof.’
Harmon-Christian expressed her fear that several individuals could unnoticeably land on death row without courtroom recognition of their intellectual disability. In support of this, she presented the case of Willie Pye, a Georgian who, despite his IQ of 68, was deemed competent to stand in a trial that carried capital punishment, and was ultimately executed in March 2024.
Harmon-Christian further pointed out that ‘people with intellectual disabilities have been sentenced to death and executed. I think it is our duty to put mechanisms in place to ensure that intellectually disabled people don’t have to satisfy this onerous proof requirement.’
According to the stipulations of the new bill, a defendant’s mental status needs to be determined before the trial begins and before the jury is seated. This bill isn’t attempting to end capital punishment in Georgia but merely aims to simplify the process of proving intellectual disability in court.
However, it is important to note that this does not eliminate the possibility of punishment for convicted individuals, even those determined to have an intellectual disability. They would still be held accountable for their actions, albeit under a fairer process.
Dom Kelly, the head of New Disabled South, underlines that ‘not everyone making decisions is capable of fully grasping the implications of their actions. This bill’s introduction will guarantee that these individuals also have their right to fair procedural justice in the judicial system. That’s all we’re fighting for.’
However, it’s important to acknowledge that the proposed changes wouldn’t be applicable retrospectively. Consequently, it would not influence the fate of the 34 inmates currently awaiting execution on Georgia’s death row.
Kelly reiterated that if the legislation is passed, there will be no provision allowing these on death row to appeal on the basis of the new laws. Instead, the bill would only have an impact on cases going forward, leaving the fate of the current death row inmates unchanged.