Thesis
The Role of Adversarial Allegiance in Atkins v. Virginia Cases
Washington State University
Master of Science (MS), Washington State University
01/2021
DOI:
https://doi.org/10.7273/000002454
Handle:
https://hdl.handle.net/2376/120772
Abstract
Atkins v. Virginia (2002) held that an intellectually disabled (ID) individual cannot be sentenced to death. The Atkins standard determines ID using three criteria: an IQ at or below 70, impaired adaptive functioning, and onset of disability before age 18. In these cases, current IQ is determined using one of various standardized intelligence tests, which have high interrater reliability in non-adversarial settings. However, the concept of adversarial allegiance suggests that even when using theoretically objective measures, evaluators may be inclined to reach conclusions supporting their retaining party. The current study examined the outcome of Atkins-eligible capital cases recorded in NexisUni to determine if different aspects of expert testimony in these cases were associated with adversarial allegiance. Prosecution experts reported higher average IQ scores, raised more concerns about malingering or low effort, and were more likely to testify that the defendant was not ID than defense experts, suggesting adversarial allegiance effects. The influence of adversarial allegiance could result in biased determinations of the presence or absence of ID in such capital cases. To reduce the possibility of adversarial allegiance, it may be necessary for Atkins evidentiary hearings to require neutral experts in place of adversarial experts. Other possible solutions include the formal adoption of best practice guidelines.
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Details
- Title
- The Role of Adversarial Allegiance in Atkins v. Virginia Cases
- Creators
- Alexa Morgan Lambros
- Contributors
- David K Marcus (Advisor)Tammy D Barry (Committee Member)Christopher T Barry (Committee Member)
- Awarding Institution
- Washington State University
- Academic Unit
- Psychology, Department of
- Theses and Dissertations
- Master of Science (MS), Washington State University
- Publisher
- Washington State University
- Number of pages
- 72
- Identifiers
- 99900606855801842
- Language
- English
- Resource Type
- Thesis