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"The death penalty is on the way out in America."

Trump "will reverse the changes this [Biden's] administration has made [on the death penalty]."

"I signed a death warrant yesterday on a case. So we are seeking the death penalty again."

"If somebody kills somebody in the capital — Washington, D.C. — we're going to be seeking the death penalty."

Will Trump Make the Death Penalty Legal in Washington DC?

Joseph Clifton Smith, 55, has been on Alabama's death row for nearly half his life following his 1997 conviction for the beating death of Durk Van Dam, who prosecutors said was killed with a hammer and robbed of $150, boots and tools during a robbery in Mobile County.

Joseph Clifton Smith, 55, has been on Alabama's death row for nearly half his life following his 1997 conviction for the beating death of Durk Van Dam, who prosecutors said was killed with a hammer and robbed of $150, boots and tools during a robbery in Mobile County.

Smith has taken five IQ tests as an adult, producing scores ranging from 72 to 78, all above Alabama's threshold of 70 for intellectual disability, though lower federal courts determined he met the legal definition of intellectual disability despite never scoring below 70 on any test.

Smith has taken five IQ tests as an adult, producing scores ranging from 72 to 78, all above Alabama's threshold of 70 for intellectual disability, though lower federal courts determined he met the legal definition of intellectual disability despite never scoring below 70 on any test.

Lower courts noted Smith was placed in learning disabled classes, dropped out after seventh grade, performed math at a kindergarten level and read at a fourth grade level at the time of the crime, and was diagnosed with what was then termed mental retardation as a child.

Lower courts noted Smith was placed in learning disabled classes, dropped out after seventh grade, performed math at a kindergarten level and read at a fourth grade level at the time of the crime, and was diagnosed with what was then termed mental retardation as a child.

Alabama Principal Deputy Solicitor General Robert Overing argued there is no way Smith can prove an IQ below 70 and that setting a new precedent could lead to additional death row inmates appealing, while Smith's attorney Seth Waxman urged the Court to support a holistic approach using all available evidence.

Alabama Principal Deputy Solicitor General Robert Overing argued there is no way Smith can prove an IQ below 70 and that setting a new precedent could lead to additional death row inmates appealing, while Smith's attorney Seth Waxman urged the Court to support a holistic approach using all available evidence.

The Supreme Court ruled in 2002 in Atkins v. Virginia that executing intellectually disabled defendants violates the Eighth Amendment, and in 2014 and 2017 held that states should consider other evidence of disability in borderline cases because of the margin of error in IQ tests.

The Supreme Court ruled in 2002 in Atkins v. Virginia that executing intellectually disabled defendants violates the Eighth Amendment, and in 2014 and 2017 held that states should consider other evidence of disability in borderline cases because of the margin of error in IQ tests.

The Trump administration and 20 states filed briefs supporting Alabama's position, while mental health organizations including the American Psychological Association and American Psychiatric Association filed briefs supporting Smith, warning that intellectual disability diagnoses based solely on IQ test scores are faulty and invalid.

The Trump administration and 20 states filed briefs supporting Alabama's position, while mental health organizations including the American Psychological Association and American Psychiatric Association filed briefs supporting Smith, warning that intellectual disability diagnoses based solely on IQ test scores are faulty and invalid.

Supreme Court Hears Alabama Death Row IQ Threshold Case

Supreme Court Hears Alabama Death Row IQ Threshold Case

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Supreme Court Hears Alabama Death Row IQ Threshold Case

Supreme Court Hears Alabama Death Row IQ Threshold Case

The Controversies

Stubbs

Friedman

Bondi

Trump

Go Deeper

Articles on this story

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