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Article
Scientizing Culpability: The Implications of Hall v. Florida and the Possibility of a “Scientific Stare Decisis”
William & Mary Bill of Rights Journal
  • Christopher Slobogin
Abstract

The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This Article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis—a requirement that groups that are scientifically alike be treated similarly for culpability purposes—as a means of implementing the scientization process.

Citation Information
Christopher Slobogin. "Scientizing Culpability: The Implications of Hall v. Florida and the Possibility of a “Scientific Stare Decisis”" (2014) p. 415
Available at: http://works.bepress.com/christopher-slobogin/85/