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  4. JUDGMENTS OF DIMINISHED CULPABILITY IN CRIMINAL LAW

JUDGMENTS OF DIMINISHED CULPABILITY IN CRIMINAL LAW

File(s)
Hritz_cornellgrad_0058F_11023.pdf (847.77 KB)
Permanent Link(s)
https://doi.org/10.7298/X46D5R6Z
https://hdl.handle.net/1813/59636
Collections
Cornell Theses and Dissertations
Author
Hritz, Amelia Courtney
Abstract

In Atkins v. Virginia, the Supreme Court held that the execution of individuals with intellectual disability violated the Eighth Amendment to the United States Constitution. When creating the categorical exemption in Atkins the Court recognized that without the exemption juries might consider intellectual disability to be a two-edged sword: "it may diminish his blameworthiness for his crime even as it indicates that there is a probability that he will be dangerous in the future." The Supreme Court also held that the Eight Amendment limits the extent that states can impose the most serious punishments on juveniles, including certain forms of life without parole. This dissertation examines whether the two-edged nature of intellectual disability or young age may influence other decisions in the justice system that ultimately affect criminal sentences. The first Chapter examines whether parole board decisions in South Carolina cause some juvenile offenders to serve de facto life without parole sentences. Chapter Two explores whether mental health experts may be influenced by the facts of a heinous crime or their beliefs about the death penalty when they diagnose intellectual disability in death penalty cases. Chapter Three examines the post-conviction relief process for people appealing their death sentences because they are categorically exempt from the death penalty. It argues that the more-forgiving procedural exemptions applied in claims of innocence should be applied in claims of ineligibility for the death penalty.

Date Issued
2018-08-30
Keywords
adolescence
•
death penalty
•
habeas corpus
•
intellectual disability
•
juvenile
•
life without parole
•
Psychology
•
Law
•
Developmental psychology
Committee Chair
Ceci, Stephen John
Committee Member
Brainerd, Charles
Blume, John H.
Degree Discipline
Human Development
Degree Name
Ph. D., Human Development
Degree Level
Doctor of Philosophy
Type
dissertation or thesis

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