Georgia is poised to revise its stringent death penalty standards regarding individuals with intellectual disabilities, after years of legislative efforts to address the issue. The state Senate recently passed a bill, which previously garnered extensive bipartisan approval in the House, signaling its imminent arrival on Governor Brian Kemp’s desk for final approval.
Back in 1988, Georgia led the nation as the first state to prohibit the execution of individuals with intellectual disabilities. This was followed by a 2002 U.S. Supreme Court decision that deemed such executions unconstitutional under the protection against cruel and unusual punishment. Despite these milestones, Georgia remains the sole state with the requirement for defendants to prove their intellectual disability beyond a reasonable doubt. House Bill 123, sponsored by Republican state Rep. Bill Werkheiser from Glennville, seeks to lower the burden of proof to a preponderance of evidence. Additionally, it introduces trial procedure changes intended to provide defendants a fair opportunity to demonstrate their intellectual disability to both judges and juries.
There have been multiple cases in Georgia where legal teams have unsuccessfully argued their clients were intellectually disabled, attributing failures partly to the state’s stringent requirements. A number of judges have noted that a revision in these legal standards might have resulted in different outcomes, openly supporting legislative efforts to enact such changes.
Democratic Rep. Esther Panitch from Sandy Springs aptly summarized the moral implications, suggesting that the choice between compassion and retribution when dealing with intellectually disabled individuals facing the death penalty is a definitive test of society’s moral compass. She urged for a pivot towards understanding over punishment, framing the issue as a societal moral duty.
Previous attempts to amend the law floundered, including a recent case where Willie James Pye was executed, despite arguments by his legal team about his significant intellectual disabilities. Although district attorneys have shown resistance in the past, there is a growing acceptance of reforming the reasonable doubt standard. However, the inclusion of procedural changes like mandatory pretrial hearings and separate trial processes to assess intellectual disability has received mixed responses. Critics argue these changes could significantly hinder prosecutorial ability to pursue death penalty sentences. Yet, legal experts argue that these procedural shifts are essential to ensure verdicts are based on objective evaluations, free from the prejudices of the crime itself.
Prosecutors warn that the bill might indirectly lead to abolishing the death penalty in Georgia altogether, suggesting that lawmakers should address that issue directly if desired. Nonetheless, during a Senate Judiciary Committee meeting, District Attorney T. Wright Barksdale III acknowledged the bill’s progress, suggesting alterations rather than opposing its passage outright.
According to the final version, the bill stipulates that defense teams must provide evidence of intellectual disability to prosecutors 60 days before the pretrial hearing, with prosecutors required to respond within 30 days. Additionally, it paves the way for sentences of life without parole as an alternative to the death penalty.
The legislative initiative has galvanized support from both political spectrums, with a Senate committee modifying the bill to take immediate effect and apply to active cases. Rep. Werkheiser expressed satisfaction with the legislative journey, appreciating the balance achieved between moderation, justice, and wisdom that the bill embodies.