In the US, it is considered unconstitutional to impose the DP on a person with an intellectual disability as of 2002 (Atkins v Virginia) because it is a cruel, unreasonable and excessive punishment for someone who has diminished personal culpability. Not all people with autism have intellectual disability, however, most genes that are related to autism do cause intellectual disability (ID). 70% of people with Autism have ID and the remaining 30% have some degree of ID which may be less pronounced, but still exists. IMO, for this reason alone the DP should be automatically removed from this case, in fact the prosecutor should never have put the DP on the table to begin with. I'm going to assume BT did not know BK is allegedly on the spectrum. However, Idaho has fixed their legal definition of ID as being an IQ of 70 or less which is not a medically accurate way to define ID. JMO.
The Death Penalty Information Center (DPI) is a national non-profit organization whose mission is to serve the media, policymakers, and the general public…
deathpenaltyinfo.org
The Death Penalty Information Center (DPI) is a national non-profit organization whose mission is to serve the media, policymakers, and the general public…
deathpenaltyinfo.org
Intellectual disability (ID) and Autism Spectrum disorder (ASD) are the most common developmental disorders present in humans. Combined, they affect between 3-5% of the population. Additionally, they can be found together in the same individual ...
pmc.ncbi.nlm.nih.gov
On June 20, 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing people with intellectual disabilities violated the Eighth Amendment prohibition against cruel and unusual punishment, overruling its Penry v. Lynaugh decision in 1989. The difference, according to the Court, was...
www.aclu.org
Idaho law forbids executing people with ID:
By Ruth Brown, Idaho Reports A decision by the Idaho Commission of Pardons and Parole on Tuesday led to the stay of an Idaho man’s execution, and at least bought him some time. The Commission granted Gerald Pizzuto Jr. a commutation hearing, which they will take up in November. His June 2...
blog.idahoreports.idahoptv.org
All JMO.