Georgia House advances bill ending death penalty for the intellectually disabled
The Georgia House of Representatives made a significant move on Tuesday by unanimously passing a bill that would lower the threshold for individuals facing the death penalty to be considered intellectually disabled. This change in legislation would make them ineligible for a death sentence. The bill was introduced by State Rep. Bill Werkheiser, a Republican, who has been a strong advocate for making it easier for individuals to prove their intellectual disability in order to avoid the death penalty.
The motivation behind this bill stems from the execution of Willie James Pye, whose lawyers argued that he was intellectually disabled and brain-damaged. Despite these claims, Pye was executed after his conviction in the 1993 rape and shooting death of his former girlfriend. This case deeply affected Werkheiser, prompting him to push for legislative changes to prevent similar injustices from occurring in the future.
Georgia has one of the toughest thresholds in the nation when it comes to proving intellectual disability in death penalty cases. Currently, individuals are required to prove their disability beyond a reasonable doubt, which is a highly burdensome standard. The bill passed by the House would allow defendants to present evidence of intellectual disability at a pretrial hearing, which would be mandatory if prosecutors agree. If convicted at trial, defendants could then present further evidence of intellectual disability in a separate process before the same jury. Those found to have an intellectual disability would receive a life sentence instead of facing execution.
Rep. Bill Werkheiser emphasized the importance of protecting those who cannot protect themselves, stating that it is the state’s duty to ensure justice is served fairly and justly. The bill now moves to the Senate for further consideration.
In the past, Georgia has faced criticism for its strict standards in death penalty cases involving intellectual disability. The U.S. Supreme Court ruled in 2002 that executing intellectually disabled individuals violates constitutional protections against cruel and unusual punishment. However, states have been given the authority to determine their own standards for defining intellectual disability. Georgia’s current requirement of proving intellectual disability beyond a reasonable doubt is the highest in the country.
Supporters of the bill argue that the proposed changes would ensure a more just and humane process for individuals facing the death penalty. They believe that jurors may struggle to evaluate evidence of intellectual disability without bias if presented alongside details of a gruesome crime. By allowing defendants the opportunity to prove their disability before trial and establishing separate processes for determining guilt and intellectual disability, the bill aims to bring greater fairness and transparency to the justice system.
While there are concerns raised by prosecutors about the complexity of the proposed changes, lawmakers from both parties have expressed support for the bill. They believe that if the state is going to impose the ultimate punishment of death, it should only be reserved for the most serious cases and after thorough consideration of all relevant factors.
The passage of this bill marks a significant step towards ensuring that individuals with intellectual disabilities are not wrongly sentenced to death in Georgia. It reflects a commitment to upholding justice and fairness in the criminal justice system, while also recognizing the need to protect the most vulnerable members of society.
