NCJ Number
100168
Date Published
1984
Length
188 pages
Annotation
This study reviews issues in the criminal processing of mentally retarded suspects and offenders in Australia and offers suggestions for improving the criminal justice system's management of such persons.
Abstract
Mental retardation is defined and distinguished from mental illness. Following a discussion of myths and facts about mental retardation, an overview of the mentally retarded offender addresses the prevalence of mentally retarded persons in the offender population, the characteristics of such offenders, and the types of crimes they commit. Issues discussed in relation to the apprehension, questioning, and diversion of mentally retarded persons include the recognition of such persons, safeguards during questioning, confessions, and alternatives to arrest. An examination of competency issues differentiates between the fitness to plead and fitness to stand trial and then identifies options for the disposition of persons unfit to plead or stand trial. Defenses that might be used for mentally retarded persons are identified, followed by a review of custodial, noncustodial, and semicustodial sentencing options. The parole, dangerousness, and treatment of mentally retarded offenders are also discussed. The book concludes with a summary of suggestions for managing the mentally retarded accused and offender in various stages of case processing. Subject, case citations, and Commonwealth statutes indexes.