Georgia lowering threshold for proving intellectual disability in death penalty cases

The Georgia Senate made a significant move on Monday by passing a bill that would make it easier for death row inmates to be deemed intellectually disabled, thus making them ineligible for a death sentence. The state currently has the highest threshold in the nation for proving intellectual disability, which has been a point of contention for years. The bill, known as H.B. 123, was approved by a vote of 53-1 and is now awaiting approval from Governor Brian Kemp.

Georgia was the first state to outlaw the death penalty for intellectually disabled individuals in 1988, a decision that was later supported by a U.S. Supreme Court ruling in 2002. However, Georgia’s requirement for proving intellectual disability beyond a reasonable doubt has been a major roadblock for many individuals facing the death penalty.

H.B. 123 seeks to lower the standard of proof to a preponderance of evidence, making it easier for individuals to demonstrate their intellectual disability. The bill also includes provisions for a pretrial hearing where defendants can present evidence of their disability, as well as a separate process during trial for determining both guilt and intellectual disability.

Several cases in Georgia have highlighted the challenges posed by the state’s strict burden of proof. In cases where defendants were unable to prove their intellectual disability beyond a reasonable doubt, they were denied exemption from the death penalty. The bill aims to address these issues and ensure that individuals facing the death penalty have a fair chance to prove their disability.

Supporters of the bill, including Democratic Rep. Esther Panitch, argue that executing intellectually disabled individuals is a moral failure and that compassion should be prioritized over retribution. District attorneys who have opposed the rule change in the past have now expressed support for lowering the reasonable doubt standard.

While some prosecutors have raised concerns about procedural changes in the bill, such as mandatory pretrial hearings and separate processes for determining guilt and intellectual disability, the overall goal of the bill is to provide a more just and equitable system for individuals facing the death penalty.

If signed into law by Governor Kemp, H.B. 123 would go into effect immediately and apply to all pending cases. The bill represents a significant step towards ensuring that individuals with intellectual disabilities are not unfairly subjected to the death penalty and that they receive alternative sentences, such as life without parole.