NCJ Number
68113
Journal
Exceptional Children Volume: 46 Issue: 1 Dated: (SEPTEMBER 1979) Pages: 16-22
Date Published
1979
Length
7 pages
Annotation
THE QUESTION OF WHETHER MENTALLY RETARDED OFFENDERS, CAUGHT IN THEIR INTRICACIES AND COMPLEXITIES OF THE CRIMINAL JUSTICE SYSTEM, RECEIVE EQUITABLE JUSTICE IS EXPLORED FROM A SPECIAL EDUCATION EXPERT'S VIEWPOINT.
Abstract
AN EDUCATOR OF EXCEPTIONAL STUDENTS INVESTIGATED THE CRIMINAL RESPONSIBILITY OF MENTALLY RETARDED OFFENDERS WHO COME INTO CONTACT WITH THE CRIMINAL JUSTICE SYSTEM. WHETHER THEIR LIMITED CULPABILITY IS RECOGNIZED BY CRIMINAL JUSTICE PERSONNEL DEPENDS ON SUCH OFFENDERS BEING RECOGNIZED AS MENTALLY RETARDED BY POLICE INVESTIGATORS, ATTORNEYS, AND TRIAL JUDGES. TO DETERMINE THE EXTENT OF KNOWLEDGE CONCERNING, AND EXPERIENCE WITH, MENTALLY RETARDED INDIVIDUALS ON THE PART OF CRIMINAL JUSTICE PERSONNEL, A SURVEY WAS CONDUCTED OF THREE GROUPS OF SUBJECTS IN NEW YORK (100 MEMBERS OF THE BUFFALO POLICE DEPARTMENT, 75 LAWYERS PRACTICING IN ERIE COUNTY, AND 35 PRESIDING JUDGES IN ERIE COUNTY) BY MEANS OF QUESTIONNAIRES INTENDED TO TEST THEIR KNOWLEDGE OF THE SYMPTOMS AND NATURE OF MENTAL RETARDATION. NONE OF THE RESPONDENTS HAD RECEIVED ANY TRAINING IN THIS AREA. THE RESULTS OF THE SURVEY INDICATE THAT CONFUSION OCCURS AT ALL LEVELS, AND THE DISPENSING OF JUSTICE TO MENTALLY RETARDED OFFENDERS MIGHT NOT ALWAYS BE EQUITABLE; SOME DEFENDANTS MAY BE INAPPROPRIATELY SENTENCED AND COMMITTED, WHILE OTHERS MAY NOT BE PUNISHED FOR SERIOUS CRIMES AGAINST SOCIETY. THE MAJORITY OF THE RESPONDENTS IN ALL THREE GROUPS SURVEYED (84 PERCENT) EXPRESSED WILLINGNESS TO BE TRAINED IN MENTAL RETARDATION. A SAMPLE QUESTIONNAIRE AND 10 REFERENCES ARE INCLUDED.