Alexa’s Three Minute Thesis
The Role of Adversarial Allegiance in Atkins v. Virginia Cases
Atkins v. Virginia (2002) held that an intellectually disabled (ID) individual cannot be sentenced to death. The Atkins standard determines ID using three criteria: an IQ at or below 70, impaired adaptive functioning, and onset of disability before age 8. In these cases, current IQ is determined using one of various standardized intelligence tests, which have high interrater reliability in non-adversarial settings. However, the concept of adversarial allegiance suggests that even when using theoretically objective measures, evaluators may be inclined to reach conclusions supporting their retaining party. The current study examined the outcome of Atkins-eligible capital cases recorded in NexisUni to determine if different aspects of expert testimony in these cases were associated with adversarial allegiance. Prosecution experts reported higher average IQ scores, raised more concerns about malingering or low effort, and were more likely to testify that the defendant was not ID than defense experts, suggesting adversarial allegiance effects. The influence of adversarial allegiance could result in biased determinations of the presence or absence of ID in such capital cases. To reduce the possibility of adversarial allegiance, it may be necessary for Atkins evidentiary hearings to require neutral experts in place of adversarial experts. Other possible solutions include the formal adoption of best practice guidelines.
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Alexa is a fifth-year Ph.D. Candidate in the Department of Psychology. She was born and raised in the Boston area, where she earned her bachelor’s degree in criminal justice and psychology from Northeastern University. Her research interests include forensic assessment and antagonistic personality traits such as psychopathy, narcissism, and Machiavellianism. Through the Clinical Psychology program, Alexa has enjoyed conducting therapy and assessment at sites such as the WSU Psychology Clinic and Washington State Penitentiary. Alexa is also a passionate instructor and has devoted herself to delivering high quality undergraduate education, for which she has previously received the Graduate & Professional Student Association Graduate Instructor Award of Excellence and the Marchionne Teaching Fellowship. In July, Alexa will embark on the final stage of her graduate school journey and begin her one-year internship at Augusta University’s Medical College of Georgia, where she will continue her forensic psychology training.