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Set For SentencingAuthor: Doug Passon
Over a million people a year will face sentencing. For a client and their loved ones, it will be the most important day of their lives. Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at sentencing. My passion is helping lawyers and clients craft their most compelling sentencing narratives. So, I was inspired to create this new podcast drawing on my 25 years of criminal defense experience, my passion for storytelling, my expertise in producing mitigation videos, and my years spent consulting and developing compelling case narratives that get real results. In Set for Sentencing, I present cutting edge resources, world-class experts, and the straight scoop on our often dysfunctional system -- all in service to one goal -- to bring more more justice, more humanity, and more hope to the sentencing process. So, are you ready? Then let's get SET FOR SENTENCING! Language: en Genres: Education, True Crime Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Atkins & The IQ Fallacy: Why IQ is Not a Reliable Measure of Culpability (with Dr. Ted Lidsky)
Episode 132
Monday, 23 March, 2026
The Supreme Court determined that individuals with intellectual disabilities are less culpable and should not face capital punishment. Diminished Capacity is also applied in non-capital sentencings. In Hamm v. Smith, the Supreme Court is revisiting the 70 IQ cutoff because of new understandings about errors in measurement. But the bigger problem is IQ tests fail to measure key cognitive deficits tied directly to moral and criminal responsibility. Therefore, it's time for courts to move beyond IQ as the sole measure of brain functioning. IN THIS EPISODE: Five misconceptions about whether IQ is a valid reflection of impaired cognitive functioning; A list of all cognitive deficits IQ tests do NOT measure; "The Practice Effect" and other measurement errors in IQ testing; Atkins in the context of Autism – the rationale for Atkins is the same, but the standard is useless; The curious case of Phineas Gage – frontal lobe damage doesn't always impact IQ; Traumatic brain injury doesn't always impact IQ; The right testing to measure cognitive deficits. CONTACT INFO FOR DR. LIDSKY: 732-580-6157 | tlidsky@gmail.com LINKS: A deep dive into Hamm v. Smith on Scotus Blog: https://www.scotusblog.com/2025/12/hamm-v-smith-and-the-future-of-capital-punishment/ Other Set for Sentencing Ep. with Dr. Ted Lidsky: Ep. 81: A Child's Poison
