RIDGE RUNNER CHRONICLES: IQ Tests and Death Sentences

By Editor | December 30, 2025 |

Did you think those IQ tests we took years ago for school are now passé and irrelevant? Most experts acknowledge that the old IQ tests are not an accurate measure of many aspects of our cognitive abilities and never have been. So would you be surprised to learn that those outdated IQ tests might be the sole test to determine whether a convicted murderer is executed or not? That’s right; in numerous states still allowing executions, if you were convicted of murder and received a death sentence, and you “passed” your IQ tests (sometimes years ago) with a score of 71 or better, the authorities are free to execute you; if you “failed” your IQ test with a score of 70 or less, you cannot be executed because you lack the intellectual capacity to fully appreciate what is happening.
The Eighth Amendment to the US Constitution prohibits “cruel and unusual punishment”. That provision has been construed to mean that it would be cruel and unusual to execute someone who has “significant subaverage intellectual function”, and that over the years has been construed to mean an IQ of 70 or less. Some states, such as Florida, are strict about this. In Florida, authorities are to consider only the IQ scores and if they are 71 or higher, there is no leeway; the person is deemed to be intellectually fit to be executed. An Alabama circuit court recently took a different tack and despite the five IQ tests taken by Joseph Smith over the years (all of which involved scores between 71 and 78), the court considered his daily adaptive skills and concluded he lacked the intellectual ability to appreciate what was involved with his execution so the court prohibited the execution notwithstanding the “high” IQ test scores. The Alabama authorities have appealed this decision all the way to the US Supreme Court. This case, Hamm v Smith, was argued before the US Supreme Court last week but we probably won’t get a decision until next June.
As for Smith’s adaptive skills, the evidence is that he has a kindergarten level ability in math, a third-grade level in spelling and a fourth-grade level in reading. For years, he has had a very low ability to relate to others in a positive way and he seems incapable of performing most functions that normal folks can perform, such as cooking, personal hygiene and so on. The murder in question was committed when Smith was 19 years old and he was convicted in 1998. Except for a brief period out of prison, he has been incarcerated ever since that conviction and that is how he has managed to survive with minimal life-skills.
The thing that seems so macabre about this case is the fact under Florida law, it is the IQ test scores and only the IQ test scores that determine whether an execution can proceed. (What a bizarre, Kafka-type situation if you are the one taking that IQ test and your life depends on you failing, not inadvertently passing, that test, right?) The Alabama court recognized, correctly, I think, that our intellectual abilities as humans have changed over time and that as a matter of human decency, we should recognize the short-comings of IQ tests when we are considering whether someone should be executed.
I am not opposed to capital punishment in the appropriate situation but surely we can come up with a more acceptable way of determining whether someone is intellectually fit to be executed instead of relying solely on outdated IQ tests.
–––––––––––––––
■ Bill Hoagland has practiced law in Alton for more than 50 years, but he has spent more than 70 years hunting, fishing and generally being in the great outdoors. His wife, Annie, shares his love of the outdoor life. Much of their spare time is spent on their farm in Calhoun County. Bill can be reached at [email protected].