Supreme Court Case Challenges Death Penalty Based on IQ
Death row inmates might have an unexpected line of defense against execution: their intellectual capacity. The Supreme Court recently heard arguments in the case of Hamm v. Smith. This case focuses on how states should assess the mental competency of those sentenced to death.
Joseph Clifton Smith was found guilty of murdering Dirk Van Dam during a robbery back in 1997. According to court records, Van Dam suffered from extensive injuries, including numerous blunt force trauma wounds and severe bleeding in his brain. Despite the graphic nature of the crime, only one juror opposed the death sentence, which the court accepted.
However, Smith remains alive due to a landmark 2002 Supreme Court ruling, Atkins v. Virginia, which determined that executing individuals with intellectual disabilities is considered cruel and unusual punishment. Additionally, in a 2014 case, Hall v. Florida, the court ruled that rigid IQ criteria for determining intellectual disability are unconstitutional in death penalty cases.
Typically, scores below 70 on an IQ test indicate intellectual disability. Smith took five tests, scoring 75, 74, 72, 78, and 74. “The burden is on Mr. Smith to show that his IQ is likely below 70,” stated Robert M. Oberling, the chief attorney general for Alabama.
This raises an unsettling reality: only those murderers who happen to take an IQ test could escape execution.
As the case unfolds, some suggest there may be inconsistencies in how courts interpret cognitive development. It seems peculiar that while IQ is recognized as a measure of intellectual potential, the nuances of individual circumstances might be overlooked.
On a personal note, I’ve come across arguments criticizing IQ as a reliable measure, often labeling its application in various contexts as pseudoscientific. But isn’t it interesting how the conversation shifts? IQ is often dismissed in discussions of education or job prospects but suddenly becomes significant when it comes to the lives of violent offenders.





