Disability and Criminal Justice Clearinghouse

Search the Disability and Criminal Justice Clearinghouse


You may search by keyword and/or filter by category below.

Browse the Disability and Criminal Justice Clearinghouse

67 Total Resources

Rebuttal article to William Lee Hon’s Texas State Bar Journal article entitled “Claims of Mental Retardation in Capital Litigation.”

Publication Year: 2007

Description

Article examines four misconceptions about mental retardation and its identification, and it explores the possible consequences these misconceptions could have for individuals with MR who are on trial for capital crimes.

Citation

Wischkaemper, M. C., Chalrton, M., Polloway, E., Patton, J., & Tasse, M. (2007). Rebuttal article to William Lee Hon's Texas State Bar Journal article entitled "Claims of Mental Retardation in Capital Litigation." For the Defense, 36(4), 24-29.

Topics: Attitudes/Misconceptions, Death Penalty/Capital Offenses - General, Intellectual Disabilities, Legal Issues

Audiences: Attorneys, Psychologists

Populations: Adolescents, Adults


The geek defense: Do criminals with Asperger’s syndrome deserve special treatment?

Publication Year: 2009

Description

Article examines challenges facing the courts today in the just sentencing of individuals with Asperger's syndrome who have been convicted of crimes.

Citation

Westly, E. (October, 2009). The geek defense: Do criminals with Asperger's syndrome deserve special treatment? Slate Magazine. Retrieved from http://www.slate.com/id/2233313

Topics: Asperger Syndrome, Prosecution/Sentencing

Audiences: Attorneys

Populations: Adults


Enhancing services to inmates with learning disabilities: Systemic reform of prison literacy programs

Publication Year: 2001

Description

Article presents principles of systemic reform to guide correctional education staff through a process designed to improve educational services for inmates with learning disabilities.  The steps to such systemic reform of literacy programs, as presented in the article, include the following: (1) bring all the stakeholders together to create a shared vision and develop an action plan; (2) enlist administrative support; (3) provide meaningful and ongoing professional development opportunities; (4) identify resources; and (5) continuously monitor and improve the change process.

Citation

Taymans, J. M., & Corley, M. A. (2001). Enhancing services to inmates with learning disabilities: Systemic reform of prison literacy programs. Journal of Correctional Education, 52(2), 74-78.

Topics: Incarceration/Offender Programs, Learning Disabilities, Treatment/Intervention/Instruction

Audiences: Law Enforcement, Teachers

Populations: Adults


Adaptive behavior assessment and the diagnosis of mental retardation in capital cases

Publication Year: 2009

Description

Article presents and analyzes the primary issues related to assessment of adaptive behavior when making a diagnosis of intellectual disability in Atkins-related claim cases.  Issues related to standardized assessment instruments, self-report, selection of respondents, use of collateral information, malingering, and clinical judgment are discussed.

Citation

Tasse, M. J. (2009). Adaptive behavior assessment and the diagnosis of mental retardation in capital cases. Applied Neuropsychology, 16, 114-123.

Topics: Adaptive Behavior, Assessment/Diagnosis, Death Penalty/Capital Offenses - General, Intellectual Disabilities

Audiences: Attorneys, Psychologists

Populations: Adults


Executing people with mental disabilities: How we can mitigate an aggravating situation

Publication Year: 2006

Description

Article views favorably the proposal created by the Task Force of the American Bar Association's Section of Individual Rights and Responsibilities.  In addition to providing information about where the Task Force's proposal currently stands, the article also examines some of the theoretical bases for the proposal as well as the positions of the Constitution Project and several judges who believe it is unacceptable to execute people with serious mental disabilities.  The article concludes by providing examples of court cases that illustrate the need for serious consideration of the Task Force proposes.

Citation

Tabak, R. J. (2006). Executing people with mental disabilities: How we can mitigate an aggravating situation. Saint Louis University Public Law Review, 25, 1-24.

Topics: Death Penalty/Capital Offenses - General, Intellectual Disabilities, Mitigation Topics/Issues, Policy Issues

Audiences: Attorneys, Law Enforcement

Populations: Adults


Inmates with developmental disabilities in New York State correctional facilities

Publication Year: 1991

Description

Report is a response to a request from the New York State Legislature to provide a reliable estimate of the number of persons with developmental disabilities in the state prison system, to evaluates current practices for identifying such inmates, and to suggest actions that can be taken to better meet their needs.

Citation

Sundram, C., Platt, I., & Cashen, J. (1991). Inmates with developmental disabilities in New York State correctional facilities. New York: New York State Commission on Quality of Care for the Mentally Disabled.

Topics: Assessment/Diagnosis, Developmental Disabilities, Incarceration/Offender Programs

Audiences: Attorneys, Law Enforcement, Psychologists

Populations: Adults


Adaptive behavior, mental retardation, and the death penalty

Publication Year: 2006

Description

Article focuses on assessment of adaptive behavior as a variable in the diagnosis of intellectual disabilities in defendants charged with capital murder.  Specifically, the article analyzes: the history of the development of adaptive behavior; current adaptive behavior measurement instruments used in the assessment of intellectual disabilities; issues, appropriate practices, and potential problems related to assessment in death penalty cases.  Additionally, it makes recommendations for current and future forensic evaluations in capital cases.

Citation

Stevens, K. B. & Price, J. R. (2006). Adaptive behavior, mental retardation, and the death penalty. Journal of Forensic Psychology Practice, 6(3), 1-29.

Topics: Adaptive Behavior, Assessment/Diagnosis, Death Penalty/Capital Offenses - General, Intellectual Disabilities

Audiences: Attorneys, Law Enforcement, Psychologists

Populations: Adults


Mitigation investigation: A duty that demands expert help but can’t be delegated

Publication Year: 2007

Description

Article identifies and analyzes cases, statutes, and ABA Standards which explicitly and/or implicitly support the need for including a mitigation specialist as part of the defense team in capital cases.

Citation

Stetler, R. (2007). Mitigation investigation: A duty that demands expert help but can't be delegated. The Champion, 61, 66.

Topics: Mitigation Topics/Issues, Professional Practice

Audiences: Attorneys, Mitigation Specialists

Populations: Adults


Mental Retardation - Texas District & County Attorneys Association, Mental Defenses

Publication Year: 2005

Description

Chapter discusses the impact that the identification of an intellectual disability can have when a defendant is standing trial for a capital murder case.  Specifically, the chapter explores how an intellectual disability can be determined before examining the role that the presence of an intellectual disability (or lack thereof) played in the court's ruling on the case.  Finally, the chapter concludes with a series of tips for attorneys on how to gather supporting evidence for the presence of an intellectual disability or how to rebutt a defense team's claim of there being an intellectual disability. 

Citation

Starnes, J. (2005). Mental Retardation. In Texas District & County Attorneys Association, Mental Defenses. (pp. 109-123). Austin: TDCAA

Topics: Assessment/Diagnosis, Death Penalty/Capital Offenses - General, Intellectual Disabilities, Legal Issues

Audiences: Attorneys, Psychologists

Populations: Adults


Characteristics and needs of people with intellectual disability who have higher IQs

Publication Year: 2009

Description

Article describes the characteristics and needs of individuals with intellectual disability and higher IQs; investigates how these individuals are delineated based on the classification system used; compares intellectual functioning limitations and abilities on both sides of the intellectual disability continuum, and describes the supports needed to improve everyday life for these individuals.

Citation

Snell, M. E., Luckasson, R.,Yeager, M. H., Borthwick-Duffy, S., Bradley, V., Buntinx, H. E., et al. (2009). Characteristics and needs of people with intellectual disability who have higher IQs. Intellectual and Developmental Disabilities, 47(3), 220-233.

Topics: Characteristics, Intellectual Disabilities

Audiences: Families, Psychologists, Teachers

Populations: Adolescents, Adults


Individuals with intellectual and developmental disabilities in the criminal justice system and implications for transition planning

Publication Year: 2008

Description

Article explores the challenges faced by individuals with developmental and intellectual disabilities within the criminal justice system by citing and interpreting prevalence data in light of possible rationales for these individuals' disproportionate representation within the system.  Additionally, specific challenges faced by individuals with disabilities are discussed within the context of the three key phases of the criminal justice system: interrogation and arrest; prosecution; and sentencing and disposition. The article concludes with specific recommendations for improving instruction as well as community advocacy for individuals with these disabilities.

Citation

Smith, T., Polloway, E. A., Patton, J. R., Beyer, J. F. (2008). Individuals with intellectual and developmental disabilities in the criminal justice system and implications for transition planning. Education and Training in Developmental Disabilities, 43(4), 421-430.

Topics: Criminal Justice System - General, Intellectual Disabilities, Professional Practice, School Applications/Issues, Treatment/Intervention/Instruction

Audiences: Attorneys, Law Enforcement, Teachers

Populations: Adolescents, Adults


Evaluating mental retardation for forensic purposes

Publication Year: 2006

Description

Article examines the different ways intellectual disabilities are assessed by the criminal justice system through the analysis of the assessment of these disabilities for Texas statutes on incompetency to stand trial, the insanity defense, juvenile fitness to proceed with proceedings, and juvenile lack of responsibility for conduct.

Citation

Seay, O. J. (2006). Evaluating mental retardation for forensic purposes. Applied Psychology in Criminal Justice, 2(3), 53-81.

Topics: Assessment/Diagnosis, Competency, Intellectual Disabilities, Intelligence Functioning/IQ Testing, Professional Practice

Audiences: Attorneys, Law Enforcement, Psychologists

Populations: Adolescents


Asperger’s disorder and murder

Publication Year: 2005

Description

Article discusses three cases in which the defendants, all of whom were being tried for murder, were also identified as having Asperger syndrome.  In addition to analyzing the relationship between this disorder and its presence in the criminal justice system, the article identifies the need for forensic psychiatrists to gain more experience with and expertise in diagnosing these pervasive developmental disorders.

Citation

Schwartz-Watts, D. (2005). Asperger's disorder and murder. Journal of the American Academy of Psychiatry and the Law, 33, 390-393.

Topics: Asperger Syndrome, Characteristics, Criminal Justice System - General

Audiences: Attorneys, Psychologists

Populations: Adults


Are we there yet? Screening processes for intellectual and developmental disabilities in jail settings

Publication Year: 2009

Description

Article examines the screening practices implemented in jails to identify incarcerated individuals with intellectual and developmental disabilities.

Citation

Scheyett, A., Vaughn, J., Taylor, M., & Parish, S. (2009). Are we there yet? Screening processes for intellectual and developmental disabilities in jail settings. Intellectual and Developmental Disabilities, 47(1), 13-23.

Topics: Assessment/Diagnosis, Incarceration/Offender Programs, Intellectual Disabilities

Audiences: Law Enforcement, Psychologists

Populations: Adolescents, Adults


Mild Intellectual Disabilities: Legacies and trends in concepts and educational practices

Publication Year: 2010

Description

Article evaluates current educational programs and practices for students who traditionally and commonly have been referred to as having mild mental retardation. It does so by examining miild intellectual disabilities within the context of historical trends, current developments, and future directions in terminology, definition, prevalence, educational environments, and transitional services.  Additionally, recommendations for educational practices and future research directions are discussed.

Citation

Polloway, A. P., Lubin, J., Smith, D. J., & Patton, J. R. (2010). Mild Intellectual Disabilities: Legacies and trends in concepts and educational practices. Education and Training in Autism and Developmental Disabilities, 45(1), 54-68.

Topics: Intellectual Disabilities, School Applications/Issues, Treatment/Intervention/Instruction

Audiences: Teachers

Populations: Adolescents


Strange shift in the case of Daryl Atkins

Publication Year: 2005

Description

Article examines the validity of the Court's ruling in Atkins, that the defendant did not have MR and, therefore, should rightly receive the death sentence, and stresses the importance of calling expert witnesses who have experience diagnosing MR using both IQ and adaptive functioning in the decision-making process.

Citation

Perske, R. (2005). Strange shift in the case of Daryl Atkins. Mental Retardation, 43(6), 454-455.

Topics: Death Penalty/Capital Offenses - General, Intellectual Disabilities, Legal Issues

Audiences: Advocacy Groups, Attorneys

Populations: Adults


Doing justice? Criminal offenders with developmental disabilities

Publication Year: 2000

Description

Study examines how people with developmental disabilities interact with California's criminal justice agencies through interviews with justice system officials and individuals with disabilities and their care providers and/or family members and analysis of legislation, program guidelines, and exisitng data.  Specifically, the guiding questions of this study were: What are the particular characteristics of the justice system that preclude persons with developmental disabilities from obtaining "equal justice under the law?" and "What is California doing and what might California do to address this problem?"

Citation

Petersilia, J. (2000). Doing justice? Criminal offenders with developmental disabilities. Berkley, CA: University of California, California Policy Research Center.

Topics: Criminal Justice System - General, Developmental Disabilities

Audiences: Advocacy Groups, Attorneys, Families, Law Enforcement

Populations: Adults


Death penalty issues following Atkins

Publication Year: 2006

Description

Article identifies and highlights key factors related to the definition of mental retardation that help enable courts, juries, attorneys, and the public at large to fully comprehend the significance of mental retardation in relation to issues which surround the death penalty.

Citation

Patton, J. R., & Keyes, D.K. (2006). Death penalty issues following Atkins. Exceptionality, 14, 237-255.

Topics: Adaptive Behavior, Assessment/Diagnosis, Death Penalty/Capital Offenses - General, Intellectual Disabilities, Intelligence Functioning/IQ Testing, Professional Practice

Audiences: Attorneys, Law Enforcement

Populations: Adolescents, Adults


Mental retardation and sentences for murder: Comparison of two recent court cases

Publication Year: 2000

Description

Article reveals the potential for error and inconsistency in the diagnosing of mental retardation among the perpetrators of capital crimes by analyzing two murder cases, Indiana v. Miller and Rogers v. State, in which one defendant was found to have MR while the other defendant, though appearing to exhibit similar characteristics to the first defendant, was not.

Citation

Olvera, D. R., Dever, R. B., & Earnest, M. A. (2000).  Mental retardation and sentences for murder: Comparison of two recent court cases. Mental Retardation, 38(3), 228-233.

Topics: Assessment/Diagnosis, Death Penalty/Capital Offenses - General, Intellectual Disabilities, Legal Issues

Audiences: Attorneys, Psychologists

Populations: Adults


Assessment of adaptive behavior in adult forensic cases: The use of the Adaptive Behavior Assessment System-II

Publication Year: 2008

Description

Chapter examines some of the challenges associated with assessing individuals' adaptive behavior functioning in relation to criminal cases including: differing views as to the nature of adaptive behavior, questions concerning the validity of retrospective assessment, and problems associated with the need for multiple sources of information. The chapter concludes with an explanation of how the Adaptive Behavior Assessment System-II could be used to effectively meet some of these challenges.

Citation

Olley, J. G. & Cox, A. W. (2008). Assessment of adaptive behavior in adult forensic cases: The use of the Adaptive Behavior Assessment System-II. In T. Oakland & P. Harrison (Eds.), Adaptive Behavior Assessment System-II: Clinical use and interpretation. (pp. 381-398). Amsterdam: Elsevier.

Topics: Adaptive Behavior, Assessment/Diagnosis, Intellectual Disabilities

Audiences: Psychologists

Populations: Adolescents, Adults