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MENTALLY RETARDED CRIMINAL OFFENDER - FINDING SOME SOLUTIONS FOR A LOST CAUSE

NCJ Number
55417
Journal
OFFENDER REHABILITATION Volume: 3 Issue: 2 Dated: (WINTER 1978) Pages: 161-170
Author(s)
C T IDELBERGER
Date Published
1979
Length
10 pages
Annotation
AN OVERVIEW OF THE STATUS OF MENTALLY RETARDED OFFENDERS FOCUSES ON THE FAILURE OF THESE PERSONS TO BENEFIT FROM REFORMS IN EITHER THE CRIMINAL JUSTICE OR MENTAL HEALTH SYSTEM.
Abstract
WHEN A PERSON WHO HAS BEEN LABELED MENTALLY RETARDED COMES BEFORE THE COURT ON CRIMINAL CHARGES, THE LABEL CHANGES TO MENTALLY DEFICIENT OR DEFECTIVE OFFENDER (THE SAME LABEL APPLIED TO SEX OFFENDERS, PSYCHOPATHS, AND MENTALLY ILL OFFENDERS). IDEALLY LABELS SERVE A USEFUL PURPOSE--IDENTIFYING SPECIAL NEEDS. BUT WHEN THIS PURPOSE IS NOT SERVED, LABELS ONLY STIGMATIZE. IN THE CASE OF THE MENTALLY RETARDED OFFENDER, DOUBLE LABELING TAKES PLACE, BUT NO SPECIAL NEEDS ARE IDENTIFIED AS A RESULT. THERE HAS BEEN A TENDENCY FOR THE MENTAL HEALTH AND CORRECTIONS SYSTEMS TO SHUFFLE RESPONSIBILITY FOR MENTALLY RETARDED OFFENDERS BACK AND FORTH. RIGHTS LITIGATION AND RULINGS BENEFITING MENTALLY RETARDED PERSONS AND CRIMINAL OFFENDERS SOMEHOW HAVE CIRCUMVENTED THE MENTALLY RETARDED OFFENDER. UNDER PSYCHOPATHY LAWS, DEFENDANTS WHOSE MENTAL RETARDATION IS FOUND TO RENDER THEM EITHER UNFIT TO STAND TRIAL OR NOT CRIMINALLY RESPONSIBLE FACE INDETERMINATE CIVIL COMMITMENT UNTIL THEY ARE 'CURED'. THIS CONSTITUTES A LIFE SENTENCE, BECAUSE MENTAL RETARDATION IS NOT SOMETHING THAT IS CURED. YET ANOTHER PROBLEM IS THAT THE DOUBLY LABELED MENTALLY RETARDED OFFENDER IS LIKELY TO BE CONFRONTED WITH DOUBLE DISCRIMINATION BY THE PUBLIC. THERE IS A NEED TO DETERMINE WHETHER THE HANDLING OF MENTALLY RETARDED OFFENDERS SHOULD BE CONCERNED PRIMARILY WITH THEIR MENTAL RETARDATION OR WITH THEIR CRIMINALITY. THERE IS ALSO A NEED TO DETERMINE WHETHER THE TREATMENT NEEDS OF MENTALLY RETARDED OFFENDERS DIFFER FROM THOSE OF MENTALLY RETARDED NONOFFENDERS AND NONRETARDED OFFENDERS. STEPS SHOULD BE TAKEN TO SEPARATE, BOTH IN THE LAW AND IN THE EYES OF THE PUBLIC, THE MANY TYPES OF OFFENSES AND OFFENDERS LUMPED TOGETHER UNDER THE DEFECTIVE DELINQUENT LABEL. A LIST OF REFERENCES IS INCLUDED.