What is the legal test for intellectual disability?

California, United States of America


The following excerpt is from In re Lewis, 233 Cal.Rptr.3d 114, 4 Cal.5th 1185, 417 P.3d 756 (Cal. 2018):

The professional psychological community continues to refine its understanding of these concepts. For our purposes here, intellectual disability is "a question of fact ... 'not measured according to a fixed intelligence test score or a specific adaptive behavior deficiency, but rather constitutes an assessment of the individual's overall capacity based on a consideration of all the relevant evidence.' " ( People v. Superior Court (Vidal ) (2007) 40 Cal.4th 999, 1012, 56 Cal.Rptr.3d 851, 155 P.3d 259 ; see id. at p. 1012, fn. 6, 56 Cal.Rptr.3d 851, 155 P.3d 259.)

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