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Mentally Retarded Persons and the Criminal Justice System

NCJ Number
108701
Journal
Medicine and Law Volume: 5 Issue: 4 Dated: (1986) Pages: 265-272
Author(s)
S E K Hewitt
Date Published
1986
Length
8 pages
Annotation
This article argues that a retarded person must be identified immediately upon contact with the criminal justice system, be they suspected offenders or victims of crime.
Abstract
No more special consideration is asked for retarded persons than is given to alcoholics, those who are mentally ill, or persons who act under the influence of drugs. The judiciary must be fully aware of the person and all that goes towards the making of his character, even if only to pass the appropriate sentence should the retarded person be properly proved to have offended. Regretfully, the past has shown that in some countries the law has shown little recognition of retardation and its inherent problems. In too many cases, innocent persons have been found guilty and their being retarded has been either unrecognized or ignored from their first interviews with police, through trials, and up to when they were sentenced. Thus, full recognition must be given to retardation by the judicial system if those afflicted by it are to be treated in an entirely just manner. Victims of crimes who are retarded must also be treated fairly. 6 references. (Author abstract modified)