Nearly four decades ago, Georgia lawmakers exempted people with intellectual disabilities from the death penalty following public outrage over the execution of Jerome Bowden. Since then, Georgia has faced criticism for the execution of potentially intellectually disabled individuals, such as Willie James Pye and Warren Hill. Critics argue that Georgia’s existing law is flawed due to its high burden of proof and lack of a pre-trial hearing on intellectual disability.
A bipartisan proposal sponsored by Rep. Bill Werkheiser seeks to lower the standard of proof and create a pre-trial hearing to determine intellectual disability. Supporters argue that Georgia may have executed individuals with intellectual disabilities in recent years. District attorneys object to the proposal, arguing it would hinder capital cases and could effectively end the death penalty in Georgia.
Defenders of the bill, such as the Georgia Council on Developmental Disabilities and Georgians for Alternatives to the Death Penalty, emphasize that the goal is to ensure that individuals with intellectual disabilities are not executed, aligning Georgia with national standards. They argue that the focus should be on the Supreme Court ruling that prohibits the execution of intellectually disabled individuals, rather than on the broader issue of the death penalty. The bill is expected to face further debate and advocacy in the coming weeks.
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