8 Intellectual Disability and the Death Penalty
Almost all of the Atkins claims ­ will be dealing with individuals who have
intellectual functioning and adaptive be­hav­ior levels that are at or near
(within 1 standard deviation of the approximate cutoff score) 2 standard
deviations below the population mean. ­These ­ people ­either have intellec-
tual disability with mild deficits of intellectual functioning and/or adap-
tive be­hav­ior or are in what was formerly called the “borderline intellectual
functioning” range. Very few of ­ these Atkins claims ­ will be ­ people who are
in the profound, severe, or even moderate range of deficits in intellectual
and adaptive be­hav­ior. ­These cases in the mild range of intellectual and
adaptive functioning represent the most difficult cases to rule in or rule
out intellectual disability, making it even more impor­tant to keep one’s mis-
conceptions and erroneous assumptions in check ­ because ­ these men and ­
women look like anyone ­else and ­ will most likely pres­ent a wide range of
relative strengths and abilities. As listed in Schalock and colleagues (2012;
see p. 26), the following all-­encompassing ste­reo­types have no scientific
basis or grounding in real­ity:
•­ People with ID look and talk differently than ­ people without ID.
•­ People with ID are completely incompetent and dangerous.
•­ People with ID cannot accomplish complex tasks.
•­ People with ID cannot get a driver’s license, buy a car, or drive a car.
•­ People with ID do not (and cannot) support their families.
•­ People with ID cannot romantically love or be romantically loved.
•­ People with ID cannot acquire work and social skills needed to live
in­ de ­ pen­dently.
•­ People with ID are characterized only by limitations and ­ don’t have strengths
that coexist with their limitations.
A rigorous assessment of intellectual functioning, adaptive be­hav­ior,
and determination of age of onset supporting a diagnosis of intellectual
disability cannot be set aside ­because the person diagnosed with intel-
lectual disability has one or more discrete abilities that confound your
conception of what ­people with intellectual disability can or should be
able to do.
Stigma
The condition known as “intellectual disability” has long-­held signifi-
cant stigma in our socie­ties. So much so that the name of the condition
itself has had to be changed over the years ­because of the acquired stigma
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