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MENTALLY RETARDED PERSON IN THE CRIMINAL JUSTICE SYSTEM

NCJ Number
68939
Journal
Journal of Offender Counseling, Services and Rehabilitation Volume: 4 Issue: 3 Dated: (SPRING 1980) Pages: 285-295
Author(s)
C A FORGET
Date Published
1980
Length
11 pages
Annotation
THE CRIMINAL JUSTICE SYSTEM IS NOT ORIENTED TO RESPOND ADEQUATELY OR APPROPRIATELY TO THE UNIQUE NEEDS OF THE MENTALLY RETARDED OFFENDER; CRIMINAL JUSTICE AND DEVELOPMENTAL DISABILITIES SYSTEMS MUST BOTH HELP.
Abstract
THE PENAL SYSTEM AND CORRECTIONS SYSTEM IGNORE THE MENTALLY RETARDED OFFENDER. JUDGES WHO ARE BEING INCREASINGLY CALLED UPON TO DIVERT THE MENTALLY RETARDED OFFENDER FROM THE SYSTEM CLAIM THEY SEE NO EVIDENCE TO SUGGEST SIGNIFICANT INTELLECTUAL IMPAIRMENT IN SUCH OFFENDERS. MEANWHILE THE PERCENTAGE OF LOW MEASURED INTELLIGENCE IN PRISONS IS MORE THAN THREE TIMES THAT OF THE GENERAL POPULATION. THESE OFFENDERS REQUIRE CONSTANT INDIVIDUAL STAFF ATTENTION AND HAVE LESS ABILITY TO PLAY THE GAMES OTHER INMATES PLAY OR TO ADAPT TO PRISON STRUCTURES THAN OTHER INMATES. OFTEN, WHEN RELEASED ON PAROLE, THEY CANNOT ADJUST TO THE COMMUNITY AND ARE REINCARCERATED WITHOUT HAVING COMMITTED NEW CRIME. THE CRIMINAL JUSTICE SYSTEM SHOULD FOCUS ON TREATMENT, RATHER THAN OFFENDERS' RESPONSIBILITY, AND ON THE PERSON, RATHER THAN THE CRIME. MOREOVER, THE CORRECTIONS SYSTEM AND THE DEVELOPMENTAL DISABILITIES AND MENTAL RETARDATION SYSTEMS SHOULD JOIN IN COMPREHENSIVE TREATMENT PLANS, SUCH AS AN INDIVIDUAL HABILITATION PLAN (IHP). THIS PLAN SHOULD INCORPORATE ALL COMMUNITY RESOURCES WHICH MIGHT CONTRIBUTE TO A COMMUNITY SUPPORT SYSTEM AND ADDRESS THE NEEDS OF THE TOTAL PERSON. THE ASSOCIATION FOR RETARDED CITIZENS SHOULD, AS A CONSUMER ADVOCACY ORGANIZATION FOR MENTALLY RETARDED CITIZENS, FULFILL THE ROLE OF THE CATALYST BETWEEN THE CORRECTIONS AND SERVICE SYSTEMS. REFERENCES ARE PROVIDED.