Part III of this Note will trace the evolution of intellectual disability and death penalty case law, beginning with Penry v. Lynaugh and ending with a survey of recent cases. ...within the Crimes ...and Criminal Procedure section of the U.S. Code, there is still language in the Federal Death Penalty Act referring to “a person who is mentally retarded” despite society’s transition to the use of the term “intellectually disabled” to describe a person with a diminished intellectual capacity.6 While our laws may recognize the fundamental moral injustice perpetrated by sentencing a person with an intellectual disability to death, our justice system has not progressed so far as to truly understand what an intellectual disability is or how it affects a person’s mental processes. 25 Thus, test scores were averaged to a fixed score of one hundred, with roughly two-thirds of the scores making up the normal range of eighty-five to one hundred and fifteen.26 Today, IQ scores are a largely irrelevant measure of intelligence in education and medicine due to their inherent biases. 27 However, these tests remain extremely pervasive in the criminal justice system.28 In our courts, a capital defendant’s IQ score is often the basis for the decision of whether that person has an intellectual disability and is, therefore, ineligible for the death penalty.29 To adjust for these known biases, such as race, courts and prosecutors employ ethnic adjustments.30 These adjustments are designed to “adjust IQ scores upward for people of color convicted of capital crimes.” 31 The underlying argument is that because IQ tests are inherently biased against minorities, causing IQ scores of minority defendants to be lower than they would normally be, ethnic adjustments raise the scores of minority defendants to the level they would most likely be without any bias.32 Prosecutors all over the country—from “Florida, Texas, Alabama, Tennessee, Missouri, California, Pennsylvania, and Ohio”—have all used ethnic adjustments to raise the IQ scores of minority capital defendants so they are no longer exempt from the death penalty.33 B. Clinical Opinion of IQ Tests Under DSM-IV & DSM-V Awareness of intellectual disabilities has been documented as far back as the ancient Egyptian and Greek civilizations.34 Our modern understanding of the neurodevelopmental disorder began with universal public education and, ironically, the invention of IQ tests.35 However, clinicians’ efforts in the most recent decades have been focused on “moving the field of intellectual disabilities beyond its excessive reliance on IQ.”
This article aims to discuss the notion of moral progress in the theory of recognition. It argues that Axel Honneth's program offers sophisticated theoretical guidance to observe and critically ...interpret emancipatory projects in contemporary politics based on ideas of individuality and social inclusiveness. Using a case study — the investigation, through frame analysis, of transformations in the portrayal of people with impairment as well as in public discourses on the issue of disability in major Brazilian news media from 1960 to 2008 — this article addresses three controversies: the notion of progress as a directional process; the problem of moral disagreement and conflict of interest in struggles for recognition; and the processes of social learning. By articulating empirically based arguments and Honneth's normative discussions, this study concludes that one can talk about moral progress without losing sight of value pluralism and conflict of interest.
Next month, after 35 years of failed appeals to have that death sentence commuted to life imprisonment, Hall will have his case heard before the US Supreme Court. His guilt is not in question: the ...issue is Florida's use of IQ test scores in sentencing him to death.
Zusammenfassung
Der Begriff geistige Behinderung ist im Fluss, ICD-10 spricht von Intelligenzminderung, auch DSM-5 und ICD-11 werden auf diese Diktion zurückgreifen. Die Bezeichnung meint einen ...Zustand von verzögerter oder unvollständiger Entwicklung der geistigen Fähigkeiten. Besonders beeinträchtigt sind dabei die Denkfähigkeit, die Sprachfähigkeit sowie motorische und sozioemotionale Fähigkeiten. Die Testung mittels qualifizierter Testbatterien ist nur in den leicht eingeschränkten Bereichen gut etabliert und auch dort beschränkt aussagefähig, wenn z. B. im Wechsler Intelligenztest Teilindizes stark divergieren. Die Assoziation zur Epilepsie ist umso höher, je ausgeprägter die Intelligenzminderung ist, oft korreliert die Wahrscheinlichkeit einer Epilepsie gut zum Ausmaß der Veränderung von Hirnstrukturen und assoziierter Intelligenzminderung.
Twenty papers on positive behavioral support for people with difficult behavior are grouped into four sections: (1) family issues and family support; (2) education issues; (3) social inclusion; and ...(4) community inclusion. Papers include: "Parent Education for Prevention and Reduction of Severe Problem Behaviors" (Lynn Kern Koegel et al.); "Early Intervention and Serious Problem Behaviors: A Comprehensive Approach" (Glen Dunlap and Lise Fox); "Developing Long-Term Reciprocal Interactions between Parents and Their Young Children with Problematic Behavior" (David P. Wacker et al.); "Contextual Fit for Behavioral Support Plans: A Model for Goodness of Fit'" (Richard W. Albin et al.); "Group Action Planning as a Strategy for Providing Comprehensive Family Support" (Ann P. Turnbull and H. Rutherford Turnbull, III); "A Gift from Alex--The Art of Belonging: Strategies for Academic and Social Inclusion" (Cheryl Nickels); "How Everyday Environments Support Children's Communication" (Ann P. Kaiser and Peggy P. Hester); "New Structures and Systems Change for Comprehensive Positive Behavioral Support" (Wayne Sailor); "Reducing Corporal Punishment with Elementary School Students Using Behavioral Diagnostic Procedures" (Connie C. Taylor and Jon S. Bailey); "Coordinating Preservice and In-Service Training of Early Interventionists To Serve Preschoolers Who Engage in Challenging Behavior" (Joe Reichle et al.); "Avoiding Due Process Hearings: Developing an Open Relationship between Parents and School Districts" (William L. E. Dussault); "Social Relationships, Influential Variables, and Change across the Life Span" (Craig H. Kennedy and Tiina Itkonen); "Examining Levels of Social Inclusion within an Integrated Preschool for Children with Autism" (Frank W. Kohler et al.); "On the Importance of Integrating Naturalistic Language, Social Intervention, and Speech-Intelligibility Training" (Stephen M. Camarata); "Alternative Applications of Pivotal Response Training: Teaching Symbolic Play and Social Interaction Skills" (Laura Schreibman et al.); "The Relationship between Setting Events and Problem Behavior: Expanding Our Understanding of Behavioral Support" (Robert H. Horner et al.); "Contextual Influences on Problem Behavior in People with Developmental Disabilities" (Edward G. Carr et al.); "Get a Life! Positive Behavioral Intervention for Challenging Behavior through Life Arrangement and Life Coaching" (Todd Risley); "Person-Centered Planning" (Don Kincaid); and "A Team Training Model for Building the Capacity To Provide Positive Behavioral Supports in Inclusive Settings" (Jacki L. Anderson et al.). (Many papers contain references.) (DB)
Providing advice on how professionals working with autistic trans youth and adults can tailor their practice to best serve their clients and how parents can support their trans autistic children, ...this book increases awareness of the large overlap between trans identities and autism.By including chapters on gender diversity basics, neuroqueer trauma and how to support neuroqueer individuals, this book sets out strategies for creating more effective support that takes into account the unique experiences of trans people on the spectrum. Written by a therapist who identifies as neuroqueer, this book is the perfect companion for professionals who want to increase their knowledge of the experiences and needs of their trans autistic clients.
From Idiocy to Mental Deficiency Anne Digby, David Wright / Anne Digby, David Wright
1996, 20020909, 2002, 2002-09-09, 19960101
eBook
From Idiocy to Mental Deficiency is the first book devoted to the social history of people with learning disabilities in Britain. Approaches to learning disabilities have changed dramatically in ...recent years. The implementation of 'Care in the Community', the campaign for disabled rights and the debate over the education of children with special needs have combined to make this one of the most controversial areas in social policy today. The nine original research essays collected here cover the social history of learning disability from the Middle Ages through the establishment of the National Health Service. They will not only contribute to a neglected field of social and medical history but also illuminate and inform current debates. The information presented here will have a profound impact on how professionals in mental health, psychiatric nursing, social work and disabled rights understand learning disability and society's responses to it over the course of history.
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