Factors Indicating Mental Retardation

Factors Indicating Mental Retardation

Identifying a person with mental retardation within the criminal justice system is not always easy, especially if that person has only mild retardation. Because the majority are in the mild range, a higher degree of interaction between the police officer and the person is necessary for successful determination of the condition. Most persons with mental retardation cannot be identified by physical characteristics.

In addition, identification is often delayed until after the trial and sentencing. This delay may prevent the prosecution, the defense, the judge, and the jury from appropriately considering the effects of mental retardation in the determination of competence and criminal responsibility. Also, persons with mild retardation are street wise and are very clever at making their impairment. Therefore, successful identification of a person with mental retardation depends upon a variety of personal and environmental factors. The following are some general areas to consider in the identification process.

Physical Appearance

The person's physical appearance may indicate mental retardation.

Things to look for include:

Inappropriate dress for the season.

Physical defects or unusual physical structures.

Awkward movement, poor motor coordination in walking.

Speech/Language Problems

Speech or language problems also can indicate mental retardation.

These problems include:

Obvious speech defects.

Failure to understand questions being asked.

Signs of deafness.

Inability to provide appropriate answers.

Responses that appear to parrot someone else.

Inattention.

Inability to use abstract reasoning.

Limited vocabulary or limited grammatical skills.

Difficulty describing facts or details.

Social Behaviors

Many times, a person with mental retardation may have poor social behaviors.

Some social behavior indicators include:

Association with children or much younger persons.

Extreme eagerness to please.

Unintended crowding of personal space when interacting with others.

Obliviousness to surroundings.

Age-inappropriate behavior. People with mental retardation may respond to crises by weeping. They also tend to pick up cues from what someone else is doing and mirror the action.

Suggestibility and susceptibility to the influence of others.

Tendency toward frustration.

Avoidance of questions concerning a disability (for example, questions concerning special education and vocational training). Remaining silent or taking a long pause before answering.

Educational History

If available, educational history can provide information on the extent of mental retardation. Check available records, or obtain information from family and friends of the individual. Educational indicators of a mental impairment include:

Being in a school grade far behind that of age peers. Two or more grades behind in school may indicate mental retardation.

Enrollment in a special education class.

Criminal History

A person's criminal history may also provide clues to mental retardation. Determine if the person:·

Is involved in illegal activity to gain acceptance from others.

Is noticeably older than the other persons involved.

Initiated criminal activity or a follower? Most often a person with a developmental disability is a follower, not a leader.

Shows a greater likelihood of confessing to the crime that he or she was charged with.

Remained at the scene of the crime while others ran. Has the person been confused about whether he or she has been involved in something illegal?

Task Performance

It is important that the officer be sensitive to the person's dignity. Testing and asking information can be done without making the person aware that he or she is being tested. If the person is unable to do a task, he or she will find a way to avoid trying to do it. The officer should be acutely aware that the person's failure to succeed in one of these tasks in front of an acquaintance (the professional or a friend) will cost him or her considerable self-respect. It may cause humiliation, discourage self-motivation, and even provoke the person to act aggressively against authority or the system (Santanaour, 1989).

Try to keep tasks within the context of the situation. Have the person:

Identify himself or herself by name.

Read and write. (Read a few sentences in their primary language out of a newspaper or magazine; read a street sign; write their first and last name, address, including the zip code and telephone number.)

Use the telephone.

Identify his or her number in the telephone book.

Describe someone's appearance.

Give directions to his or home.

Name the first four months of the year.

Repeat five numbers backwards. (Do not explain what "backwards" means.)

Tell time on a regular watch or clock; usually, persons with mental retardation cannot tell time to the minute, nor are they accurate in recalling time.

Count to 100 by 10's or 5's.

Define some words, such as sympathy, deceased, "pharmacy," etc.

Tell the date, time, month, year, and city.

Make change. (How many dimes are in a dollar? How many nickels are in a dollar?)

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Contact webmaster	Factors Indicating Mental Retardation Identifying a person with mental retardation within the criminal justice system is not always easy, especially if that person has only mild retardation. Because the majority are in the mild range, a higher degree of interaction between the police officer and the person is necessary for successful determination of the condition. Most persons with mental retardation cannot be identified by physical characteristics. In addition, identification is often delayed until after the trial and sentencing. This delay may prevent the prosecution, the defense, the judge, and the jury from appropriately considering the effects of mental retardation in the determination of competence and criminal responsibility. Also, persons with mild retardation are street wise and are very clever at making their impairment. Therefore, successful identification of a person with mental retardation depends upon a variety of personal and environmental factors. The following are some general areas to consider in the identification process. Physical Appearance The person's physical appearance may indicate mental retardation. Things to look for include: Inappropriate dress for the season. Physical defects or unusual physical structures. Awkward movement, poor motor coordination in walking. Speech/Language Problems Speech or language problems also can indicate mental retardation. These problems include: Obvious speech defects. Failure to understand questions being asked. Signs of deafness. Inability to provide appropriate answers. Responses that appear to parrot someone else. Inattention. Inability to use abstract reasoning. Limited vocabulary or limited grammatical skills. Difficulty describing facts or details. Social Behaviors Many times, a person with mental retardation may have poor social behaviors. Some social behavior indicators include: Association with children or much younger persons. Extreme eagerness to please. Unintended crowding of personal space when interacting with others. Obliviousness to surroundings. Age-inappropriate behavior. People with mental retardation may respond to crises by weeping. They also tend to pick up cues from what someone else is doing and mirror the action. Suggestibility and susceptibility to the influence of others. Tendency toward frustration. Avoidance of questions concerning a disability (for example, questions concerning special education and vocational training). Remaining silent or taking a long pause before answering. Educational History If available, educational history can provide information on the extent of mental retardation. Check available records, or obtain information from family and friends of the individual. Educational indicators of a mental impairment include: Being in a school grade far behind that of age peers. Two or more grades behind in school may indicate mental retardation. Enrollment in a special education class. Criminal History A person's criminal history may also provide clues to mental retardation. Determine if the person:· Is involved in illegal activity to gain acceptance from others. Is noticeably older than the other persons involved. Initiated criminal activity or a follower? Most often a person with a developmental disability is a follower, not a leader. Shows a greater likelihood of confessing to the crime that he or she was charged with. Remained at the scene of the crime while others ran. Has the person been confused about whether he or she has been involved in something illegal? Task Performance It is important that the officer be sensitive to the person's dignity. Testing and asking information can be done without making the person aware that he or she is being tested. If the person is unable to do a task, he or she will find a way to avoid trying to do it. The officer should be acutely aware that the person's failure to succeed in one of these tasks in front of an acquaintance (the professional or a friend) will cost him or her considerable self-respect. It may cause humiliation, discourage self-motivation, and even provoke the person to act aggressively against authority or the system (Santanaour, 1989). Try to keep tasks within the context of the situation. Have the person: Identify himself or herself by name. Read and write. (Read a few sentences in their primary language out of a newspaper or magazine; read a street sign; write their first and last name, address, including the zip code and telephone number.) Use the telephone. Identify his or her number in the telephone book. Describe someone's appearance. Give directions to his or home. Name the first four months of the year. Repeat five numbers backwards. (Do not explain what "backwards" means.) Tell time on a regular watch or clock; usually, persons with mental retardation cannot tell time to the minute, nor are they accurate in recalling time. Count to 100 by 10's or 5's. Define some words, such as sympathy, deceased, "pharmacy," etc. Tell the date, time, month, year, and city. Make change. (How many dimes are in a dollar? How many nickels are in a dollar?) Next Page	Table of Contents