Flynn Effect

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Accordingly, California attested that significant subaverage intellectual functioning can be established by any other means besides IQ. However, on the other end of the scale, Arkansas defines intellectual impairment as “rebuttable presumption of (intellectual disability] when a defendant has an intelligence quotient of sixty-five or below." With the second prong of defining limitations in adaptive behavior, Tennessee narrows its definition of adaptive behavior by applying it only to at least two basic skills: “communication, self-care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety.” On the other hand, the CCA’s definition of mentally impaired …show more content…

Even the DSM-5 ensures that the IQ tests are not “overemphasized as the defining factor of a person’s overall ability without adequately considering function levels.” Moore, over the course of 18 years, took seven IQ tests, averaging at 70.66. Five of the seven IQ tests he took were administered before the age of 18; however, the CCA only considered the Wechsler Intelligence Scale for Children test which he made a 78 on and the Wechsler Adult Intelligence Scale test which he scored 74. The CCA held, “Moore’s IQ scores placed him above the intellectually disabled range,” and therefore, “failed to prove by a preponderance of evidence that he has significantly sub-average general intellectual functioning.” The AAIDD recognize that an individual with an intellectual disability has the potential of having an IQ score of as high as 75. Unfortunately, we have reason to believe that the CCA did not take into consider mitigating factors that would further prove the significant subaverage general intellectual functioning (i.e. his head injury in when he was ten, dropping out of school in ninth grade, failing second grade twice). DSM-V explains that when assessing IQ test scores, clinicians must include a margin for measurement of plus or minus five points (65-75) — a standard recognized in Hall. Using

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