Death Penalty and Disability: Ethnic Adjustments

My latest for Pacific Standard:

As a concept, IQ is terrible. The idea that we can reduce intelligence to a simple number, quantifiable in a test, exacerbates inequality in numerous racist, classist, sexist, and ableist ways. Not only do people have worth beyond their measurable cognitive ability, but IQ also routinely awards higher numbers to abled middle- and upper-class white males, reinforcing pre-existing ideologies in the name of "science." Over the last many decades, scholars and activists have pushed backagainst the regime of IQ testing in all contexts, often successfully.

Now, prosecutors in at least eight states have been hiring experts to testify about the racist nature of IQ, in order to kill more black and brown men.

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Here's where "ethnic adjustments" come in. The practice, as documented by attorney Robert Sanger in a 2015 article in the American University Law Review, adjusts IQ scores upward for people of color convicted of capital crimes. According to Sanger, prosecutors in Florida, Texas, Alabama, Tennessee, Missouri, California, Pennsylvania, and Ohio have all used ethnic adjustments to successfully impose the death penalty on people who otherwise might have been deemed exempt. In his article, Sanger works methodically through case after case, noting in particular the role played by expert witnesses for the prosecution, who testify to the racial biases of IQ testing. In most cases, these experts have never met the person convicted of the capital crime or assessed that person for disability, even as their testimony clears the way for execution.