Disadvantages Faced by MR/DD in the Justice System

What disadvantages do people with mental retardation face in the criminal justice system?

As more people with mental retardation move out of institutions and into the community, their susceptibility to becoming involved in the criminal justice system as a victim, witness or suspect of a crime may increase dramatically. Individuals with this disability are frequently used by other criminals to assist in law-breaking activities without understanding their involvement in a crime or the consequences of their involvement.

They may also have a deep need to be accepted and may agree to help with criminal activities in order to gain friendship. Many individuals unintentionally give "misunderstood responses" to officers, which increases their vulnerability to arrest, incarceration and possibly execution, even if they committed no crime (Perske, 1991). Some common responses from those with mental retardation that may effect their ability to protect their rights during police contact include the following. The person may:

not want disability to be recognized (and try to cover it up)
not understand rights (but pretend to understand)
not understand commands
be overwhelmed by police presence
act upset at being detained and/or try to run away or say what he or she thinks others want to hear
have difficulty describing facts or details of offense
be confused about who is responsible for the crime and "confess" even though innocent

Upon arrest, individuals with mental retardation usually answer affirmatively when asked if they understand their rights, even when they do not understand, in order to gain approval or to hide their disability. Law enforcement officers often receive little or no training in the area of mental retardation and have difficulty recognizing a person who has this disability. They may be mistaken as someone who is drunk, on drugs or someone who has mental illness.

Court officials face the same dilemma. Attorneys may represent people with mental retardation without realizing a disability exists and judges may impose sentences without taking mental retardation into account. Considering such extreme disadvantages, it is not surprising that people with mental retardation are more likely to be arrested, convicted, sentenced to prison and victimized in prison (Santamour, 1986).