Affiliation:
1. Psychology, University of Alabama
2. Psychiatry and Behavioral Sciences, Vanderbilt University Medical Center
Abstract
Abstract
Individuals with developmental disabilities, especially intellectual disability, present with characteristic deficits in their intellectual functioning and social–interpersonal skills that place them at a unique disadvantage at nearly every stage of the criminal justice process, from initial involvement in criminal conduct and/or victimization through sentencing. The current chapter reviews the literature regarding the ways in which these deficits interact with criminal justice involvement, including adjudicative competence, capacity to waive Miranda rights, and culpability. This review culminates with a discussion of potential solutions to improve the identification of individuals with developmental disabilities in the criminal justice system, as well as ways to reduce the potential detrimental impact of their deficits in an adversarial system.
Reference211 articles.
1. The effect of intellectual disability on children’s recall of an event across different question types.;Law and Human Behavior,,2004
2. American Broadcast Company. (2010). What did A. J. see? https://www.youtube.com/watch?v=J55d73OiMKs; https://www.youtube.com/watch?v=tTbu757A3I8; https://www.youtube.com/watch?v=N_DbjO_e9ps
3. American Psychiatric Association (APA). (2013). Diagnostic and statistical manual of mental disorders (5th ed.). https://doi.org/10.1176/appi.books.9780890425596
4. The effect of competency restoration training on defendants with mental retardation found not competent to proceed.;Law and Human Behavior,,2002