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Legal Rights of Mentally Handicapped Offenders: Hospice and Habilitation

NCJ Number
120091
Journal
Criminal Law Bulletin Volume: 25 Issue: 5 Dated: (September-October 1989) Pages: 411-443
Author(s)
E F Reed
Date Published
1989
Length
33 pages
Annotation
This article describes the unique problems of mentally retarded offenders in the criminal justice system.
Abstract
It analyzes the statutory bases of the rights of mentally retarded offenders, including (1) the Education for All Handicapped Children Act of 1975; (2) Title V, Section 504 of the Rehabilitation Act of 1973; (3) implementing regulations; and (4) representative State statutes. Analysis of case law interpreting the constitutional and statutory authorities is also included. Finally, the article describes correctional programs that have been developed in different jurisdictions for mentally retarded offenders and summarizes the critical elements of those programs. 162 notes. (Publisher abstract)