Intellectual Disability

Georgia is the only state in the country that uses the most difficult standard of proof in order to meet the legal standard of Intellectual Disability in death penalty cases “beyond a reasonable doubt.” This standard is a fairly challenging legal obstacle to overcome, and Georgia is an outlier in requiring it.  Of the 27 jurisdictions that still have the death penalty, 22 use the standard of “preponderance of the evidence.” Because of Georgia’s incredibly high standard of proof, Georgia continues to execute people with intellectual disabilities, including Warren Lee Hill, who the State of Georgia executed on January 27, 2015. Had Mr. Hill been convicted of the same crime in any other state, he would not have been eligible for the death penalty.