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Speaker 1: Bloomberg Law with June Grosso and Michael Best on demand

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Speaker 1: via our Bloomberg Radio Plus app free for iPhone and

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Speaker 1: Android devices. Well, now it's time for our daily Bloomberg

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Speaker 1: Lab Brief, exploring legal issues in the news and today.

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Speaker 1: Bloomberg Lajo stoom Grosso and Greg Sture discussed Supreme Court

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Speaker 1: arguments in a case regarding death penalty exceptions for people

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Speaker 1: who are intellectually disabled. They speak with Rob Owen, a

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Speaker 1: professor at Northwestern University Prisker School of Law. Rob give

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Speaker 1: us the overview of how the courts in Texas define

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Speaker 1: what is an intellectual disability. Sure, the Texas courts have

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Speaker 1: since two thousand and six have applied their own judge

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Speaker 1: made criteria for judging whether a defendant meets the standard

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Speaker 1: to be exempt from execution. The Actions Decision itself identified

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Speaker 1: to three traditional criteria for a diagnosis of what was

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Speaker 1: then called mental retardation. The first is significantly sub average

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Speaker 1: intellectual functioning, which is usually represented by an i Q score.

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Speaker 1: The second is what's called deficits and adaptive functioning, which

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Speaker 1: essentially is the the ways in which the low intellectual

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Speaker 1: functioning translates into behavior, so it has to do with

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Speaker 1: how the defendant adapts to functioning in the real world.

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Speaker 1: And the third criterion is the simplest one, which is

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Speaker 1: that ordinarily this diagnosis has to be manifest itself prior

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Speaker 1: to age eighteen. Rob explain why it's difficult for the

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Speaker 1: Supreme Court to set out specific standards for mental disability.

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Speaker 1: I really think it's not that difficult. In in Atkins

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Speaker 1: in two thousand and two, and the Supreme Court first

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Speaker 1: announced this prohibition on executing defendants with intellectual disability, they

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Speaker 1: said that it would be primarily left up to the

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Speaker 1: states to define what constituted intellectual disability or as we

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Speaker 1: called it at the time, mental retardation. In two thousand

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Speaker 1: and fourteen, however, the Court took another case, this one

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Speaker 1: from Floor, a case called Hall, where they asked the

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Speaker 1: question had Florida gone too far in narrowing its definition

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Speaker 1: of the first prong of the Atkins definition. And what

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Speaker 1: the Supreme Court said, through Justice Kennedy very emphatically in

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Speaker 1: the whole case is you know that's wrong. You can't.

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Speaker 1: You can't. Although the states have some latitude under Atkins,

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Speaker 1: they can't define intellectual disability in a way that is

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Speaker 1: inconsistent with a broad scientific consensus among the relevant professional

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Speaker 1: medical community, as Rob Owen, a professor at Northwestern University

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Speaker 1: Printzker School of Law, speaking at Bloomberg Law host June

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Speaker 1: Garrosso and Greg Sture. You can listen to Bloomberg Law

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Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg

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Speaker 1: Radio and now among the top legal stories from Bloomberg Law,

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Speaker 1: the Turtles Are Happy Together. Sirius x M has agreed

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Speaker 1: to pay up to ninety nine million dollars to settle

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Speaker 1: a class action lawsuit brought by the former members at

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Speaker 1: the sixties group The Turtles. The suit had to do

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Speaker 1: with unpaid royalties for long's recorded before nineteen seventy two.

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Speaker 1: Those songs aren't protected by US copyrights, so the plaintiffs

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Speaker 1: sued Sirius under California copyright law. And that's this morning's

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Speaker 1: Bloomberg Law brete. If you can find more illegal news

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Speaker 1: at Bloomberg Law dot com and Bloomberg b NA dot com.

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Speaker 1: Attorneys will find exceptional legal research and business development tools

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Speaker 1: there as well. Visit Bloomberg Law dot com and Bloomberg

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Speaker 1: BNA dot com for more information. You can listen to

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Speaker 1: Bloomberg law weekday afternoons at four thirty pm Eastern in

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Speaker 1: A M and ninety four point five F m h

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Speaker 1: D two in San Francisco on A M and one

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