Mentally and Developmentally Handicapped Offenders - Evolution of Concepts and Terminology (From Clinical Criminology, P 255-279, 1985, Mark H Ben-Aron et al, eds. - See NCJ-101207)

• NCJ Number: 101220
• Author(s): W A Norton
• Date Published: 1985
• Length: 25 pages
• Publication Format: Document
• Publication Type: Literature Review
• Language: English
• Country: Canada
• Note: Available in microfiche as NCJ-101207

Annotation

This retrospective and contemporary overview of English, United States, and Canadian legislation and diagnostic classification criteria examines conceptual relations between mental handicap and the criminal justice system, with a focus on legal, social, and clinical policy implications.

Abstract

Traditionally, the criminal justice system has continued to separate those handicapped from birth or the first 20 years of life from those who experienced some organic or psychiatric disorder in adult years. Attempts have been made, for forensic purposes, to introduce a symptom-sign approach for the designation of disorders within legal systems that traditionally have emphasized rationality, intellect, competence, and cognitive processes as they relate to criminal liability and the provision of appropriate services. While the existence of at least two levels of intellectual handicap in legislation reflects a notion of gradients of disabilities, it is unclear what purposes are served by preserving only two levels or how informative a classification of 'severe' handicap is. Studies in the United Kingdom show that the group of subnormal offenders differ in their offense patterns from other groups, are likely to be caught in the system earlier, spend more time in custodial or treatment facilities, and are less likely to benefit from either intervention. 41 references.