Wednesday, August 20, 2014
Christopher Slobogin (Vanderbilt University - Law School) has posted Scientizing Culpability: The Implications of Hall v. Florida and the Possibility of a 'Scientific Stare Decisis' (William & Mary Bill of Rights, Vol. 23, 2014) on SSRN. Here is the abstract:
The Supreme Court’s decision in Hall v. Florida holds that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, the Court “scientized” the definition of intellectual disability. This article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis — a requirement that groups that are scientifically alike be treated similarly for culpability purposes — as a means of implementing the scientization process.