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It's extremely difficult to "fail" an IQ test. The psychologists giving the battery of tests aren't exactly retarded themselves. They don't just look at a single test. They go back over all of a defendant's school records for years. The state is allowed to test a defendant themselves with their own experts. Various hearings are held and the defense and prosecution look over all the tests and the background. It's really not possible to dupe everyone in the system by pretending to be retarded.