Mentally Retarded Criminal Defendants

Authors

James W. Ellis, University of New Mexico - School of LawFollow
Ruth A. Luckasson

Document Type

Article

Publication Date

1-1-1985

Abstract

This Article attempts to provide a preliminary overview of the issues in the Mental Health Standards as they relate to defendants with mental retardation. Part I reviews the history of the treatment of retarded defendants in the criminal justice system. Part II describes the characteristics of people with mental retardation and the consequences of those characteristics. Part III then discusses the extent to which mental retardation should be exculpatory of criminal responsibility. Part IV analyzes the critical importance of competence issues to mentally retarded defendants. Part V elaborates upon dispositional issues including civil commitment and sentencing. Parts VI and VII discuss the role of mental retardation professionals in the criminal justice system. Part VIII concludes with a discussion of specialized training for participants in the criminal justice system in mental retardation.

Publication Title

George Washington Law Review

Volume

53

Issue

3

First Page

414

Last Page

493

Keywords

disability law

Recommended Citation

James W. Ellis & Ruth A. Luckasson, Mentally Retarded Criminal Defendants, 53 George Washington Law Review 414 (1985).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/567