The Criminal Justice System and Persons with Mental Retardation

The Criminal Justice System and Persons with Mental Retardation

The criminal justice professional will come in contact with persons with mental retardation for any number of reasons. Each reason requires a different response from criminal justice professionals.

Victim of a Crime

Persons with mental retardation often are suggestible and easily exploited. For instance, a person with mental retardation may be lured into an area out of sight, then robbed or beaten simply because he or she was unable to recognize the danger of the situation. Frequently these persons are subject to verbal, physical, or sexual abuse. In addition, these persons frequently will not know when they have been victimized. An officer may have to explain what has happened to a victim with mental retardation, in order to secure case-related information.

Witness

Persons with mental retardation can serve as effective witnesses, but extra patience may be required while interviewing them. The officer should remember that a person with mental retardation may have a short attention span and problems with abstract thinking.

Offender

Common misconceptions may lead law enforcement personnel to believe that persons with mental retardation commit most violent felony crimes. In reality, the overwhelming majority of offenses committed by these persons are misdemeanors, less serious felonies, and public disturbances. However, studies show that persons with mental retardation are more likely to be arrested, convicted, and sentenced than other offenders. Estimates of those found guilty and sentenced run as high as 30% (Poelvoorde, 1991).

Delinquent acts committed by persons with mental retardation often occur because of a lack of social and behavioral insight. For instance, a person with mental retardation transporting illegal substances at the request of a "friend" may think that he or she is simply doing someone a favor. Individuals with mental retardation who are easily led and intimidated may have a desire to please the questioner, which makes them vulnerable when questioned by authorities anxious to resolve a crime.

When encountering a suspect with mental retardation, one should explore every possibility of keeping the suspect out of the criminal justice system. As discussed in a previous chapter, the officer and the entire criminal justice system must concern itself not only with the physical act or violation, but also with the mental state of the person who allegedly has broken the law. Criminal actions are defined by legislatures to provide punishment for those who commit specific acts in the presence of certain underlying circumstances while possessing certain states of mind. The state of mind is an integral element of a criminal act. In order to be found guilty of a crime, all three elements must obtain as far as the offender is concerned: the act, the proper underlying circumstances, and criminal intent. In other words, the accused must have acted purposefully, knowingly, recklessly, and negligently in order to be held accountable for an offense.

Frequently, the suspect with mental retardation may not understand his or her civil rights, including those detailed in the Miranda warning. An offender with mental retardation may be so frightened by the police that he or she may fear invoking the protections identified by Miranda, especially if those protections are not well understood. Consequently, offenders with mental retardation may confess to crimes or provide other information when it is not in their best interest to do so. Some persons with mental retardation have been observed confessing to a crime they did not commit (DHHS, 1991). The information they provide is sometimes of doubtful accuracy, not because they intend to deceive, but because of they are limited in their ability to observe, comprehend, and express themselves. Since prosecution cases are often based on confessions and information given by the accused, a failure to utilize the rights provided by the

Miranda warning can place offenders with mental retardation at a severe disadvantage and result in a miscarriage of justice.

General Police Contacts

It is extremely important for the officer to proceed in the following manner when encountering a person with mental retardation:

Make the person feel safe and comfortable in the environment.

Assure the person that you are a friend, and try to calm him or her if agitated.

Use a normal tone of voice, average speech, and a non-threatening attitude; this will encourage responses to your questions.

Use patience and proceed slowly to be sure the person understands your questions and his or her rights.

Actions to Consider if Mental Retardation is Suspected or Determined

If the officer determines that the person is retarded, what should be done?

Notify the person's parents, legal guardians, or caretakers as soon as possible.

If such notification is not possible, the officer should attempt to contact a mental retardation agency for assistance.

If the crime was fairly minor, the officer should try to reach a disposition not involving the criminal justice system, but the parent/guardian/counselor should be made aware of the incident and advised to guard against a similar occurrence.

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Contact webmaster	The Criminal Justice System and Persons with Mental Retardation The criminal justice professional will come in contact with persons with mental retardation for any number of reasons. Each reason requires a different response from criminal justice professionals. Victim of a Crime Persons with mental retardation often are suggestible and easily exploited. For instance, a person with mental retardation may be lured into an area out of sight, then robbed or beaten simply because he or she was unable to recognize the danger of the situation. Frequently these persons are subject to verbal, physical, or sexual abuse. In addition, these persons frequently will not know when they have been victimized. An officer may have to explain what has happened to a victim with mental retardation, in order to secure case-related information. Witness Persons with mental retardation can serve as effective witnesses, but extra patience may be required while interviewing them. The officer should remember that a person with mental retardation may have a short attention span and problems with abstract thinking. Offender Common misconceptions may lead law enforcement personnel to believe that persons with mental retardation commit most violent felony crimes. In reality, the overwhelming majority of offenses committed by these persons are misdemeanors, less serious felonies, and public disturbances. However, studies show that persons with mental retardation are more likely to be arrested, convicted, and sentenced than other offenders. Estimates of those found guilty and sentenced run as high as 30% (Poelvoorde, 1991). Delinquent acts committed by persons with mental retardation often occur because of a lack of social and behavioral insight. For instance, a person with mental retardation transporting illegal substances at the request of a "friend" may think that he or she is simply doing someone a favor. Individuals with mental retardation who are easily led and intimidated may have a desire to please the questioner, which makes them vulnerable when questioned by authorities anxious to resolve a crime. When encountering a suspect with mental retardation, one should explore every possibility of keeping the suspect out of the criminal justice system. As discussed in a previous chapter, the officer and the entire criminal justice system must concern itself not only with the physical act or violation, but also with the mental state of the person who allegedly has broken the law. Criminal actions are defined by legislatures to provide punishment for those who commit specific acts in the presence of certain underlying circumstances while possessing certain states of mind. The state of mind is an integral element of a criminal act. In order to be found guilty of a crime, all three elements must obtain as far as the offender is concerned: the act, the proper underlying circumstances, and criminal intent. In other words, the accused must have acted purposefully, knowingly, recklessly, and negligently in order to be held accountable for an offense. Frequently, the suspect with mental retardation may not understand his or her civil rights, including those detailed in the Miranda warning. An offender with mental retardation may be so frightened by the police that he or she may fear invoking the protections identified by Miranda, especially if those protections are not well understood. Consequently, offenders with mental retardation may confess to crimes or provide other information when it is not in their best interest to do so. Some persons with mental retardation have been observed confessing to a crime they did not commit (DHHS, 1991). The information they provide is sometimes of doubtful accuracy, not because they intend to deceive, but because of they are limited in their ability to observe, comprehend, and express themselves. Since prosecution cases are often based on confessions and information given by the accused, a failure to utilize the rights provided by the Miranda warning can place offenders with mental retardation at a severe disadvantage and result in a miscarriage of justice. General Police Contacts It is extremely important for the officer to proceed in the following manner when encountering a person with mental retardation: Make the person feel safe and comfortable in the environment. Assure the person that you are a friend, and try to calm him or her if agitated. Use a normal tone of voice, average speech, and a non-threatening attitude; this will encourage responses to your questions. Use patience and proceed slowly to be sure the person understands your questions and his or her rights. Actions to Consider if Mental Retardation is Suspected or Determined If the officer determines that the person is retarded, what should be done? Notify the person's parents, legal guardians, or caretakers as soon as possible. If such notification is not possible, the officer should attempt to contact a mental retardation agency for assistance. If the crime was fairly minor, the officer should try to reach a disposition not involving the criminal justice system, but the parent/guardian/counselor should be made aware of the incident and advised to guard against a similar occurrence. Next Page	Table of Contents