IN THE LATTER PART OF THE NINETEENTH CENTURY, MENTAL RETARDATION WAS EQUATED WITH CRIME AND IMMORALITY. ALTHOUGH THERE HAVE BEEN SIGNIFICANT SCIENTIFIC ADVANCES IN THE FIELD, PERCEPTIONS OF RETARDATION HAVE CHANGED VERY LITTLE IN THE CRIMINAL JUSTICE SYSTEM. STATISTICS SHOW THAT MENTALLY RETARDED PERSONS ARE PRESENT IN THE CRIMINAL JUSTICE SYSTEM IN NUMBERS FAR EXCEEDING THEIR COMPARATIVE PERCENTAGE OF THE GENERAL POPULATION. IT IS SUGGESTED THAT THIS REPRESENTATION REVEALS THAT RETARDED OFFENDERS ARE OFTEN DEALT WITH IMPROPERLY WITHIN THE LEGAL-CORRECTIONAL SYSTEM. IT IS ALSO POINTED OUT THAT RETARDED INMATES OFTEN ARE UNRECOGNIZED AS SUCH AND THUS ARE NEGLECTED. THIS PAPER SUBMITS THAT EVEN THOUGH IT IS CONSIDERED LEGALLY MANDATORY THAT A PERSON'S INTELLECTUAL FUNCTIONING ALLOW HIM TO PARTICIPATE IN HIS OWN DEFENSE, THE LEGAL RIGHTS OF THE MENTALLY RETARDED ARE OFTEN IGNORED.