​In State of Idaho v. Bryan C. Kohberger (Case No. CR01-24-31665), the defense filed a motion to strike the death penalty, citing Kohberger's diagnosis of Autism Spectrum Disorder (ASD) as a mitigating factor. The State opposed this motion, arguing that under both U.S. Supreme Court and Idaho Supreme Court precedents, only intellectual disability—not ASD—precludes the imposition of the death penalty. The State emphasized that Kohberger's ASD diagnosis does not equate to intellectual disability, as he has been assessed with a high IQ and no accompanying intellectual impairments. Furthermore, the State contended that there is no national consensus or legislative action recognizing ASD as a condition warranting exemption from capital punishment. Therefore, they assert that Kohberger's ASD diagnosis does not diminish his culpability or the applicability of the death penalty in this case.



to contact me:

[email protected]


source:

031725-States-Response-Defendants-Motion-Strike-Death-Penalty-Re-Autism-Spectrum-Disorder.pdf

Become a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.