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Atkins V. Virginia

Definition

US Supreme Court 2002 decision holding that executing intellectually disabled defendants violates the Eighth Amendment; requires DSM-standard intellectual disability determination including Flynn-corrected IQ and adaptive-functioning assessment.

Court
US Supreme Court
Year decided
2002
Holding
Executing intellectually disabled defendants violates the Eighth Amendment
Required assessment
DSM-standard intellectual disability, including IQ and adaptive functioning
IQ correction referenced
Flynn effect correction

Common questions

What must a clinician establish to support an Atkins claim?+

Three elements are generally required: significantly subaverage intellectual functioning, deficits in adaptive functioning across conceptual, social, and practical domains, and onset before age eighteen. All three must be documented, not IQ score alone.

Why does the Flynn effect matter in an Atkins evaluation?+

Test norms drift upward over time, so an IQ score from an older test edition can overstate true ability. Evaluators adjust or flag scores for this drift so the intellectual disability threshold is not misapplied based on a stale norm.

Does a single IQ score above 70 rule out an Atkins claim?+

No. Courts following Atkins and its later refinements treat IQ as having a standard error of measurement, so a score close to the threshold does not by itself exclude a diagnosis if adaptive-functioning deficits are also present.

Related terms

BNSS § 367
Provision of India's Bharatiya Nagarik Suraksha Sanhita 2023 governing court procedure when an accused person appears to be of unsound mind; cognitive...
Dual-Deficit Requirement
DSM-5 requirement for intellectual disability diagnosis: deficits in both measured intellectual functioning and adaptive behaviour, both present before age 18.
Flynn Effect
Documented approximately 3-point-per-decade rise in population mean IQ scores; requires correction when IQ scores obtained with older norms are used in legal...
FSIQ
Full-Scale IQ; derived from 10 core WAIS-IV subtests; primary score used in intellectual disability determinations and Atkins proceedings.
Hall V. Florida
US Supreme Court 2014 decision requiring courts to account for IQ measurement error and the Flynn effect before enforcing rigid IQ cutoffs...
MacCAT-CA
MacArthur Competence Assessment Tool for Criminal Adjudication; a 22-item standardised instrument measuring Understanding, Reasoning, and Appreciation of the trial process, grounded in...
NIMHANS Neuropsychological Battery
Normative neuropsychological battery published by NIMHANS Bangalore with Indian-population norms; primary reference for forensic cognitive assessment in India.
Performance Validity Test (PVT)
Any test designed to detect inadequate effort or deliberate underperformance in cognitive assessment; TOMM is the leading example for memory; embedded PVTs...
Vineland-3
Vineland Adaptive Behavior Scales, Third Edition; standardised semi-structured interview measuring adaptive functioning; required for DSM-5 intellectual disability determination alongside IQ testing.
WAIS-IV
Wechsler Adult Intelligence Scale, Fourth Edition; 15-subtest, 4-index IQ battery; gold standard for forensic intellectual functioning assessment.
WMS-IV
Wechsler Memory Scale, Fourth Edition; standardised memory battery providing five Memory Index scores; core of forensic neuropsychological memory assessment.

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