The Mentally Retarded Defendant-Offender

Abstract

Approximately 20,000 mentally retarded persons, or 10% of the total prison population, are currently incarcerated in our nation's penal system. This is a significantly high percentage as compared with the prevalence of retarded persons in the general population. Although several professionals have suggested possible causes for the disproportionate percentage of imprisoned retardates, only a few have addressed issues of prevention. The authors recently concluded a study of retarded persons prior to and after adjudication proceedings. This was done to identify measures that can be initiated to prevent the apparent injustices currently facing retarded persons accused of violating the law. A study of each state was conducted to determine the current status of legislation and programmatic endeavors as related to the mentally retarded defendant-offender. The results of the study are analyzed, and recommendations are made based on the study results and relevant literature.