In Georgia, a new proposal aims to make it easier to protect people with intellectual disabilities from facing the death penalty. Nearly 40 years ago, Georgia became the first state to ban executions of people with intellectual disability after public outcry over the execution of Jerome Bowden, a man with an IQ of 65. However, the state’s current law requires defendants to prove their intellectual disability beyond a reasonable doubt, which is the highest legal standard. This has led to concerns that the law is too strict, leaving vulnerable individuals at risk.
The case of Warren Hill, executed in 2015 despite clear evidence of his intellectual disability, has highlighted the issue. Advocates argue that the current law is unfair and that it needs reform. The new proposal, sponsored by state Rep. Bill Werkheiser, seeks to lower the standard of proof to make it easier for defendants to prove their intellectual disability. The bill would also introduce a pretrial hearing specifically for determining whether a defendant is intellectually disabled, separate from the trial on guilt or innocence.
While many support this reform, some district attorneys, like T. Wright Barksdale, oppose the changes, arguing that it could undermine the death penalty process in the state. Supporters of the bill, including disability advocates, emphasize that the proposal is not about abolishing the death penalty but ensuring that people with intellectual disability are not wrongly executed.
This issue continues to spark debate in Georgia, with many calling for a law that aligns more closely with national standards and protects those with intellectual disability from unfair punishment.
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