On April 25, 1980, Bobby Moore, aged 20, was involved in a robbery of a grocery store in Houston, Texas with 2 accomplices, where he accidentally shot a grocery store employee. On July 15, 1980, he was convicted of robbery and capital murder. On appeal, the Texas Court of Criminal Appeals affirmed his sentence in 1985. On February 14, 2001 he was given a new sentence hearing and again given a capital sentence. In 2003, Moore challenged his 2001 hearing and sentence, one of his 48 claims being "allegations that the Eighth Amendment barred his execution due to his intellectual disability under Atkins”. Moore has been on death row for 36 years in solitary confinement, where he is alone in a cell for over 22 hours a day. Moore’s case raises issues
…show more content…
Virginia that executing an intellectually disabled individual qualifies as “cruel and unusual punishment”. The Diagnostic and Statistical Manual of Mental Disorders (1952) used in the case defines the diagnostic criteria for mental disability as follows: “Significantly subaverage intellectual functioning: an IQ of approximately 70 or below on an individually administered IQ test”, along with “Concurrent deficits or impairments in present adaptive functioning (i.e., the person’s effectiveness in meeting the standards expected for his or her age by his or her cultural group) in at least two of the following areas: communication, self-care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety”, and that “The onset is before age 18”. Moore fits all three of these criteria. He took the IQ test several times throughout his life, his lowest score being a 57 and his highest being a 78. Although his highest score is above the cutoff of 70, that is still a borderline deficiency in intelligence. Plus the average of his highest and lowest scores comes out to 67.5, which is below the cutoff. Now, regarding impairments onset before the age of 18, Moore’s intellectual disability is very clearly seen in his academic records and teacher’s reports, in the areas of communication and functional academic skills. In the report of his 1965 pre-kindergarten school medical examination, the examining doctor recommended psychological testing, commenting, “Child is very withdrawn—maybe retarded but most likely emotional problems.” The witnesses who testified on his behalf noted that he had failed every grade up until 9th grade when he dropped out, and at the age of 13 still needed daily drills on simple topics like the days of the week and telling
Virginia that executing an intellectually disabled individual qualifies as “cruel and unusual punishment”. The Diagnostic and Statistical Manual of Mental Disorders (1952) used in the case defines the diagnostic criteria for mental disability as follows: “Significantly subaverage intellectual functioning: an IQ of approximately 70 or below on an individually administered IQ test”, along with “Concurrent deficits or impairments in present adaptive functioning (i.e., the person’s effectiveness in meeting the standards expected for his or her age by his or her cultural group) in at least two of the following areas: communication, self-care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety”, and that “The onset is before age 18”. Moore fits all three of these criteria. He took the IQ test several times throughout his life, his lowest score being a 57 and his highest being a 78. Although his highest score is above the cutoff of 70, that is still a borderline deficiency in intelligence. Plus the average of his highest and lowest scores comes out to 67.5, which is below the cutoff. Now, regarding impairments onset before the age of 18, Moore’s intellectual disability is very clearly seen in his academic records and teacher’s reports, in the areas of communication and functional academic skills. In the report of his 1965 pre-kindergarten school medical examination, the examining doctor recommended psychological testing, commenting, “Child is very withdrawn—maybe retarded but most likely emotional problems.” The witnesses who testified on his behalf noted that he had failed every grade up until 9th grade when he dropped out, and at the age of 13 still needed daily drills on simple topics like the days of the week and telling