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44 Law & Psychol. Rev. 61 (2019-2020)
Death by Expert: Cognitive Bias in the Diagnosis of Mild Intellectual Disability

handle is hein.journals/lpsyr44 and id is 73 raw text is: DEATH BY EXPERT: COGNITIVE BIAS IN THE DIAGNOSIS OF MILD INTELLECTUAL DISABILITY Amelia Courtney Hritz* Sheri Lynn Johnson John H. Blume*** Abstract: In Atkins v. Virginia, the Supreme Court held that executing individuals with intellectual disability violates the Constitution. Due to this categorical exemption, the accuracy and reliability of an intellectual disability determination is literally a matter of life or death. We tested the influence of context on mild intellectual disability diagnosis in a sample of 179 people with intellectual disability expertise. We found that experts diagnosed intellectual disability at nearly identical rates in death penalty and disability benefits cases. Men, Republicans, and people who believed intellectual disability is not an excuse for a crime were significantly less likely to diagnose intellectual disability in both types of cases. These findings suggest that in this sample, the facts of the crime did not cause the experts to refrain from diagnosing intellectual disability. TABLE OF CONTENTS INTRODUCTION .................................................... 63 I. COGNITIvE BIAS IN LEGAL DECISION MAKING..................... 66 H. DIAGNOSING MID INTELLECTUAL DISABILITY.....................70 III. METHODS......................................................78 A. Participants .....................................78 Robert B. Kent Public Interest Fellow, Cornell Law School, and Justice 360; Ph.D., Cornell University, 2018; J.D., Cornell Law School, 2017. The authors wish to thank Maddie Feldman, Ali Franz, Gina Garrett, and Michelle Morris for their excellent research assistance. We would also like to thank the participants in the Cornell summer workshop series for their helpful suggestions and comments. Finally, we are also grateful to Lynn Marie Johnson at the Cornell Statistical Consulting Unit for her advice. James and Mark Flanagan Professor of Law, Associate Dean for Public Engagement, and Assistant Director of the Death Penalty Project, Cornell Law School. * Samuel F. Leibowitz Professor of Trial Techniques and Director of the Death Penalty Project, Cornell Law School.

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