In The Huffington Post Andrea Lyon '76 argues against executing a man with an intellectual disability in Georgia.
"In Atkins v. Virginia the United States Supreme Court held that it was unconstitutional to execute the mentally retarded, however the United States Supreme Court left it up to the states, both substantively and procedurally, to define and remove the mentally retarded from the pool of death-eligible capital defendants. In other words, the procedures and standards are details left to the states. No other state requires the defendant to bear this burden, either to prove mental retardation or anything else, just Georgia. History teaches us that these procedures and policies do not always remove the mentally retarded from the pool of those subject to execution, and this has proven to be the case here."
Read the full blog in The Huffington Post, "Undue Burden"
Andrea Lyon graduated from the Antioch School of Law in 1976. She is now a Clinical
Professor of Law, Associate Dean of Clinical Programs, and Director of
the Center for Justice in Capital Cases at the DePaul University College
of Law. Click here to read her full bio.