REPRESENTING THE MENTALLY RETARDED IN CRIMINAL CASES - A DEFENSE LAWYER'S MANUAL

• NCJ Number: 59415
• Author(s): M COLVIN; G SWEENEY
• Date Published: 1978
• Length: 63 pages
• Corporate Author: Maryland State Bar Assoc
• Sale Source: National Institute of Justice/; Maryland State Bar Assoc
• Language: English
• Country: United States of America

Annotation

THIS MANUAL DESCRIBES MARYLAND LAWS AND COURT PROCEDURES WHICH AFFECT THE CASES OF MENTALLY RETARDED DEFENDANTS, AND SUGGESTIONS FOR AN EFFECTIVE DEFENSE.

Abstract

THE MEASURES AND CAUSES OF MENTAL RETARDATION FIRST ARE DISCUSSED BRIEFLY. THEN THE GUIDE IDENTIFIES THE STAGES OF A CRIMINAL CASE IN WHICH MENTAL RETARDATION PLAYS AN IMPORTANT ROLE. THESE INCLUDE COMPETENCY TO STAND TRIAL, COMPETENCY TO PLEAD GUILTY, CONFESSIONS, CONSENT TO SEARCH, CRIMINAL RESPONSIBILITY, SENTENCING, AND WAIVER OF JURISDICTION TO THE JUVENILE COURT. WITHIN EACH SECTION, RELEVANT JUDICIAL DECISIONS, COURT PROCEDURES, AND DEFENSE TACTICS ARE DISCUSSED. IT IS MAINTAINED THAT DEFENSE ATTORNEYS SHOULD ENSURE THAT CLIENTS COMPREHEND THEIR RIGHTS AND KNOWINGLY USE OR WAIVE SUCH RIGHTS. THROUGH EXPERT TESTIMONY, EVIDENCE OF A RETARDED DEFENDANT'S INTELLIGENCE, INSTITUTIONALIZATION, AND EMOTIONAL IMPAIRMENTS MAY BE INTRODUCED. THE APPENDIXES CONTAIN LISTS OF MARYLAND ASSOCIATIONS FOR THE RETARDED, RESIDENTIAL FACILITIES FOR THE RETARDED, NONRESIDENTAL ACTIVITY PROGRAMS FOR RETARDED ADULTS, EMPLOYMENT PROGRAMS, EXPERTS ON THE PSYCHOLOGY AND EDUCATION OF RETARDED INDIVIDUALS, AND ADVOCACY AGENCIES. (MJM)