NCJ Number
2079
Journal
Federal Probation Dated: (SEPTEMBER 1968) Pages: 22-27
Date Published
1968
Length
6 pages
Annotation
A COMMENT ON THE FAILURE OF THE CRIMINAL JUSTICE SYSTEM TO IDENTIFY AND TREAT MENTAL RETARDATES.
Abstract
PROJECTING THE PERCENTAGE OF RETARDED INMATES IDENTIFIED BY THE INSTITUTE OF LAW, PSYCHIATRY AND CRIMINOLOGY IN THEIR STUDY OF SIX ADULT CORRECTIONAL INSTITUTIONS IN SIX DIFFERENT STATES THERE ARE NEARLY 20,000 ADULT OFFENDERS WHO ARE SUBSTANTIALLY IMPAIRED, IN AMERICAN PRISONS, OF WHOM 3,300 ARE CLASSIFIABLE AS MODERATELY TO PROFOUNDLY RETARDED. UNIDENTIFIED, THEIR CONFINEMENT IS MERELY CUSTODIAL RATHER THAN REHABILITATIVE. PRIOR TO OR DURING THE TRIAL THE DEFENSE COUNSEL MUST RAISE THE ISSUE OF MENTAL IMPAIRMENT. ADDITIONALLY MENTAL RETARDATION DOES NOT FIGURE PROMINENTLY IN DETERMINATIONS OF CRIMINAL RESPONSIBILITY. AT PRESENT THERE IS LITTLE INCENTIVE TO IDENTIFY THE RETARDED IN THE CRIMINAL JUSTICE SYSTEM.