The Death Penalty in the OSCE Area crime. It is expected that this proposal will be submitted for consideration to the Governor and the General Assembly of Ohio in 2014.176 On 21 October 2013, the United States Supreme Court accepted for review the case of Hall v. Florida. In an earlier decision, the Supreme Court of the State of Florida had upheld the death sentence for Freddie Hall, because Hall’s IQ (measured variously at 71, 73 and 80) was slightly higher than the “inflexible bright-line cutoff”, which requires proof of an IQ of 70 or below to be considered “mentally retarded” under Florida law.177 The United States Supreme Court will now re-examine this decision. On 24 October 2013, the House Judiciary Non-Civil Committee of the State of Georgia held a public hearing to discuss the “beyond-a-reasonable-doubt” burden of proof of “mental retardation” that is imposed on defendants facing the death sentence who claim to be mentally ill.178 Despite being the first state to prohibit the execution of individuals with mental illnesses, Georgia applies the strictest burden of proof of “mental retardation” in the United States.179 Non-Discrimination Among the 3,070 death row inmates in the United States, 43.1 per cent are “white”, 41.8 per cent are “black” and 12.6 per cent are “latino”. Other ethnicities, including “asian”, “native american” and “unknown”, make up about 2 per cent of death row inmates.180 A recent study by the Center for Constitutional Rights and the International Federation for Human Rights showed that, in the State of California, while 36 per cent of death row inmates were “black”, they made up less than 7 per cent of the overall population of California. In the State of Louisiana, 65 per cent of death row inmates were black, but constituted only 32 per cent of the population in the state.181 176  “Group wants to exclude severely mentally ill from death penalty”, The Columbus Dispatch, 27 September 2013, <http://www.dispatch.com/content/stories/local/2013/09/26/Death-penalty-Ohio-mental-illness.html>. 177 “Justices Return to a Death Penalty Issue”, the New York Times, 21 October 2013, <http://www.nytimes. com/2013/10/22/us/justices-agree-to-clarify-mental-disability-in-capital-cases.html>. 178  Tabak, Ronald J., “Chapter 20 Capital Punishment”, op. cit., note 128. 179  Ibid. 180  “Death Row U.S.A. Winter 2014”, the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc., Winter 2014, <http://www.naacpldf.org/files/publications/DRUSA_Winter_2014.pdf>. 181  “Discrimination, Torture, and Execution: A Human Rights Analysis of the Death Penalty in California and Louisiana”, Center for Constitutional Rights and International Federation for Human Rights, October 2013, <http://ccrjustice. org/files/2013-Death-Penalty-Report.pdf>. 38