American University Law Review Volume 65 Issue 1 Article 2 2015 IQ Intelligence Tests, "Ethnic Adjustments" and Atkins Robert M. Sanger Santa Barbara College of Law Follow this and additional works at: https://digitalcommons.wcl.american.edu/aulr Part of the Constitutional Law Commons Recommended Citation Sanger, Robert M. (2015) "IQ Intelligence Tests, "Ethnic Adjustments" and Atkins," American University Law Review: Vol. 65 : Iss. 1 , Article 2. Available at: https://digitalcommons.wcl.american.edu/aulr/vol65/iss1/2 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. IQ Intelligence Tests, "Ethnic Adjustments" and Atkins This article is available in American University Law Review: https://digitalcommons.wcl.american.edu/aulr/vol65/ iss1/2 IQ, INTELLIGENCE TESTS, "ETHNIC ADJUSTMENTS" AND ATKINS ROBERT M. SANGER* In Atkins v. Virginia the U.S. Supreme Court declared that executing the intellectually disabled violated the U.S. Constitution's Eighth Amendment prohibition against cruel and unusual punishment. In Atkins, the Court relied heavily on medical standards, which indicated that individuals with an IQ of approximately or below seventy and who met the other criteria for intellectual disability were ineligiblefor the death penalty. Twelve years later, in Hall v. Florida, the Court evaluated a Floridastatute that created a bright line rule, making anyone whose IQ was above seventy eligible for execution, regardless of otherfactors suggesting the defendant was, despite his IQ score, intellectually disabled.