sophistication as the average offender, there is a greater likelihood that their deficiency in communicative ability will be interpreted by juries as a lack of remorse for their crimes. They typically make poor witnesses, being more prone to suggestion and willing to "confess" in order to placate or please their questioner. Thus, there is a greater risk that the jury may impose the death penalty despite the existence of evidence that suggests that a lesser penalty should be imposed. In light of the "evolving standards of decency" that the Eighth Amendment demands, the fact that the goals of retribution and deterrence are not served as well in the execution of intellectually disabled people, and the heightened risk that the death penalty will be imposed erroneously, the Court concluded that the Eighth Amendment forbids the execution of intellectually disabled people. In dissent, Justices Antonin Scalia, Clarence Thomas and Chief Justice William Rehnquist argued that in spite of the increased number of states that had outlawed the execution of intellectually disabled people, there was no clear national consensus, and even if one existed, the Eighth Amendment provided no basis for using such measures of opinion to determine what is "cruel and unusual". Justice Antonin Scalia commented in his dissent that "seldom has an opinion of this court rested so obviously upon nothing but the personal views of its members." The citing of an amicus brief from the European Union also drew criticism from Chief Justice Rehnquist, who denounced the "Court's decision to place weight on foreign laws". Subsequent Supreme Court decisions Twelve years after its Atkins decision the U.S. Supreme Court narrowed in Hall v. Florida (2014) the discretion under which U.S. states can designate an individual convicted of murder as too intellectually incapacitated to be executed. The Court laid down as a legal rule that "if the individual claiming intellectual incapacity has an IQ score that falls somewhere between 70 and 75, then that individual's lawyers must be allowed to offer additional clinical evidence of intellectual deficit, including, most importantly, the inability to learn basic skills and adapt, how to react to changing circumstances." In Moore v. Texas (2017) the Supreme Court stated although the states have the primary responsibility for "the task of developing appropriate ways to enforce" the Eighth Amendment's prohibition of executing intellectually disabled persons, they can't do this in the way they want. States must closely take