Florida Death Penalty Defense: Proving Intellectual Disability in 2025

State v. Jackson (December 2025) confirms that “surface skills” like using a phone or driving do not disprove intellectual disability—courts must examine the full picture of adaptive deficits

When the State Seeks Death: The Battle to Prove Intellectual Disability

Imagine facing the ultimate punishment—the death penalty—while battling an intellectual disability that makes it impossible for you to understand the world like everyone else. For decades, the Constitution has protected such individuals from execution.

However, prosecutors often point to a defendant’s ability to drive a car, use a cell phone, or make jail calls as “proof” that they fake their disability. A new ruling from Miami demonstrates that courts must look deeper than surface-level skills.

The Case: State v. Jackson (December 22, 2025)

Reginald Jackson faced indictment for two counts of First-Degree Murder, Armed Robbery, and Kidnapping for the 2013 killings of a woman and her grandson in Miami-Dade County. The State sought the death penalty.

Jackson’s defense team filed a motion to bar the death penalty, arguing that Jackson met the legal definition of “Intellectually Disabled” under Florida Statute § 921.137. What followed became a battle over what “disability” really means.

The Evidence Battle: What the State Claimed vs. What the Defense Proved

The Jackson case illustrates how prosecutors attack intellectual disability claims by focusing on “strengths” while ignoring documented deficits:

The Three-Prong Test for Intellectual Disability in Florida Capital Cases

To save a client from death row in Florida, the defense must prove three specific elements by “clear and convincing evidence”:

Frequently Asked Questions: Intellectual Disability and the Death Penalty

What is the IQ cutoff for the death penalty in Florida?

Generally, an IQ of 70 or below indicates intellectual disability. However, under the U.S. Supreme Court’s Hall v. Florida ruling, courts must apply the “Standard Error of Measurement” (SEM). Consequently, scores slightly above 70 can still qualify. For example, a measured score of 72 might actually represent a true score of 67, qualifying the defendant for protection.

Can a defendant be executed if they are mentally ill?

“Intellectual Disability” (low IQ with adaptive deficits) differs from “Mental Illness” (conditions like schizophrenia or bipolar disorder). While the Constitution bars executing intellectually disabled individuals, severe mental illness typically serves as mitigation evidence to argue for a life sentence rather than an automatic bar to execution. Therefore, establishing intellectual disability provides stronger protection.

How do you prove a disability existed from childhood?

We conduct exhaustive historical investigation. Specifically, we pull birth records (Jackson’s showed a drug-addicted mother), medical records documenting head injuries or developmental delays, and school IEPs. Additionally, we locate former teachers who remember the student’s struggles. This investigation often spans decades and requires significant resources.

What are “adaptive behavior deficits”?

Adaptive behavior refers to the practical skills needed for daily functioning. Courts examine three domains: Conceptual (reading, writing, math, memory); Social (interpersonal skills, empathy, judgment); and Practical (personal care, job responsibilities, money management). Jackson, for instance, could not cook, needed reminders to bathe, and required his grandmother to read his mail as an adult.

What is the “Standard Error of Measurement” (SEM)?

IQ tests have inherent measurement error—no test produces a perfectly precise score. The SEM accounts for this uncertainty. Under Hall v. Florida (2014), the Supreme Court ruled that states cannot use a strict IQ cutoff of 70 without considering the SEM. Consequently, a defendant who scores 72 on a test might have a true IQ of 67, falling within the protected range.

Why do prosecutors focus on “surface skills” like driving or phone use?

Prosecutors attempt to undermine disability claims by highlighting any apparent competence. However, as the Jackson court ruled, the legal standard requires examining deficits, not strengths. Many intellectually disabled individuals can “mask” their disability in short interactions while still lacking the judgment and reasoning required for culpability at the capital level. Performing basic tasks does not negate documented severe deficits.

What is mitigation in a capital case?

Mitigation refers to evidence presented during the penalty phase of a capital trial that argues for a life sentence instead of death. This includes childhood abuse, mental health history, intellectual limitations, trauma, and other factors that explain (not excuse) the defendant’s conduct. Even if a defendant cannot prove intellectual disability under the three-prong test, mitigation evidence can still save their life.

What burden of proof applies to intellectual disability claims?

Florida requires proof by “clear and convincing evidence”—a higher standard than preponderance of the evidence but lower than beyond a reasonable doubt. This means the defense must present evidence that makes the existence of intellectual disability highly probable. Therefore, thorough investigation and expert testimony prove essential.

Related:

• Tampa Criminal Defense Attorney – Full-service criminal defense
• Tampa Murder Defense Lawyer – Homicide defense representation
• Why Death Penalty Qualification Matters
• Florida SB 653 Adds New Aggravating Factors
• Mental Health Criminal Defense Tampa – When mental health intersects with criminal charges