Forty-six usable responses were received. Results indicate that identification of persons with mental retardation is neither systematic nor probable in the criminal justice system. Identification often is made by a person who is not part of the criminal justice system, such as a relative. Moreover, persons with mental retardation often are not identified because of confusion between mental retardation and mental illness. Survey results indicate that most protections lie in statutes pertaining to mental illness rather than mental retardation. Moreover, it appears that the criminal justice system has adopted an informal, inconsistent, and inequitable response to the problems of mentally retarded individuals who are accused of a crime. 30 references. (Author abstract modified)