Death Penalty Advocacy Action – Changing the Burden of Proof for Proving Intellectual Disability in Georgia
In 2002, the U.S. Supreme Court ruled that executing those with intellectual disabilities was a violation of the eighth and fourteenth amendments’ protection against cruel and unusual punishment. The court left it up to individual states to develop standards for determining intellectual disability. Sadly, Georgia stands alone among all the states in requiring the highest burden of proof – beyond a reasonable doubt. As a result, individuals with intellectual disability have been executed, and are at risk of being executed again.
HB 1426 would change that burden of proof to “preponderance of the evidence” and reform other procedures concerning the introduction of this evidence as well as the jury’s role in determining guilt and intellectual disability in capital cases.
The bill, which has bipartisan sponsorship, is currently awaiting a committee hearing. Contact your Georgia House Member today and urge them to support the passage of HB 1426. Visit http://www.gacadp.org/actnow to find your legislator and learn more.