NCJ Number
110492
Journal
Mental Retardation Volume: 26 Issue: 1 Dated: (February 1988) Pages: 5-12
Date Published
1988
Length
12 pages
Annotation
Attorneys general in the 50 states and 4 territories were asked to respond to a survey instrument which focused on (1) identification of defendants with mental retardation, (2) equal protections available to such defendants during prosecution, and (3) protection and services provided during imprisonment.
Abstract
Forty-six usable responses were received. Results indicate that identification of persons with mental retardation is neither systematic nor probable in the criminal justice system. Identification often is made by a person who is not part of the criminal justice system, such as a relative. Moreover, persons with mental retardation often are not identified because of confusion between mental retardation and mental illness. Survey results indicate that most protections lie in statutes pertaining to mental illness rather than mental retardation. Moreover, it appears that the criminal justice system has adopted an informal, inconsistent, and inequitable response to the problems of mentally retarded individuals who are accused of a crime. 30 references. (Author abstract modified)