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determined ability. the court will decide if the cutoff is so rigid it s unconstitutional vote. in 2002 the supreme court ruled that executing those who are quote mentally is quote cruel and unusual punishment. the court decided at that time to leave it to the states to determine the criteria for meeting the standard. this is an hour. we will have argument this morning in case 12, paul versus florida. mr. waxman. mr. chief justice and may it please the court. in atkins versus virginia this court held that the constitution bars executing persons with mental retardation. that is persons with significantly sub average intellectual function concurrent with deficits in adaptive behavior with an onset before the age of 18. because of the standard error of measurement that is inherent in the iq test it is universally accepted that worsens with obtained scores of 71 to 75 can and often do have mental retardation when those three prongs are met. the statistical error of measuremen
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