Individuals with mental retardation and the criminal justice system: The view from States' attorneys general

A survey concerning the treatment of persons with mental retardation accused of a crime was mailed to 54 attorneys general of the states and territories of the United States. Forty-six usable responses were received. Respondents were asked to provide information in three areas: identification, protections before/during trial, and protections and services after conviction and during imprisonment. Responses indicated that, with few exceptions, identification of persons with mental retardation in criminal justice is neither systematic nor probable. Most protections lie in statutes pertaining to mental illness rather than mental retardation. Furthermore, the criminal justice system appears to have adopted an informal inconsistent and inequitable response to the problems of individuals with mental retardation who are accused of a crime.