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

The assessment of adaptive behavior in adult forensic cases: Part 1

Publication Year: 2006

Description

Article considers the following questions that are commonly confronted when assessing adaptive functioning: Is evidence of impairment of adaptive behavior all that matters when assessing for intellectual disabilities or should cause of the impairment be considered as well? Given that motivation can affect an individual's performance on adaptive behavior assessments, should motivation be taken into consideration when analyzing the results of such an assessment? and How valid is the self-report of a defendant on an adaptive behavior assessment?

Citation

Olley, J. G. (2006). The assessment of adaptive behavior in adult forensic cases: Part 1. American Psychological Association, 32(1), 2-4.

Topics: Adaptive Behavior, Assessment/Diagnosis, Intellectual Disabilities

Audiences: Attorneys, Psychologists

Populations: Adults


A preliminary assessment of police officers’ knowledge and perceptions of persons with disabilities

Publication Year: 2008

Description

Article assesses the knowledge and perceptions of police officers relating to individuals with disabilities and postulates thet police officers' beliefs about and attitude toward these individuals influence how crime victims who have disabilities are treated in the criminal justice system.

Citation

Modell, S. J., Mak, S. (2008). A preliminary assessment of police officers' knowledge and perceptions of persons with disabilities. Intellectual and Developmental Disabilities, 46(3), 183-189.

Topics: Attitudes/Misconceptions, Disabilities - General, Law Enforcement

Audiences: Law Enforcement

Populations: Adolescents, Adults


Developmental disabilities in correctional settings

Publication Year: 2005

Description

Chapter outlines the progress that has been made in the identification and habilitation of individuals with developmental disabilities in the criminal justice system.  Definitions, legal issues, and prevalence rates are discussed, as are the particular vulnerabilities individuals with developmental delays present to the criminal justice system.  The chapter concludes by addressing screening, management, and habilitation issues in corrections arising directly from the previously discussed vulnerabilities and describes model programs in several states.

Citation

McDermott, B. E., Hardison, K. A., MacKenzie, C. (2005). Developmental disabilities in correctional settings. In C. L. Scott & J. B. Gerbasi (Eds.), Handbook of Correctional Mental Health (pp. 187-207). Arlington, VA: American Psychiatric Publishing.

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

Audiences: Law Enforcement, Psychologists

Populations: Adults


A challenge to the viability of mild mental retardation as a diagnostic category

Publication Year: 1996

Description

Article examines the concept of mild mental retardation and the confusion surrounding its etiology, diagnosis, and educational treatment, and it concludes that a more descriptive and contextually-based definition of mild mental retardation should be created.

Citation

Macmillan, D. L., Siperstein, G. N., & Gresham, F. M. (1996). A challenge to the viability of mild mental retardation as a diagnostic category. Exceptional Children, 62(4), 356-371.

Topics: Assessment/Diagnosis, Intellectual Disabilities, Professional Practice, School Applications/Issues, Treatment/Intervention/Instruction

Audiences: Families, Psychologists, Teachers

Populations: Adolescents, Adults


Mentally retarded criminal offenders in Denmark

Publication Year: 1990

Description

Study explores reasons why the number of offenders with intellectual disabilities in the Danish criminal justice system significantly decreased from 1973-1984.  Additionally, predictive factors for individuals committing such offenses, e.g., early institutionalization, low intellectual functioning, parental socioeconomic status, and behavior disorders of social-aggressive types are examined.

Citation

Lund, J. (1990). Mentally retarded criminal offenders in Denmark. British Journal of Psychiatry, 156, 726-731.

Topics: Criminal Justice System - General, Intellectual Disabilities, International Perspective

Audiences: Law Enforcement, Mental Health Professionals, Psychologists

Populations: Adolescents, Adults


Asperger’s diagnosis is tenuous after a crime

Publication Year: 2009

Description

Article discusses the relationship between Asperger syndrome and criminal offenses.  After analyzing the challenges inherent in trying to diagnose Asperger syndrome in individuals convicted of crimes, the article calls for more research on the disorder and how it affects an individual's functioning, reasoning, and patterns of behavior.

Citation

London, S. (2009). Asperger's diagnosis is tenuous after a crime. Clinical Psychiatry News. Retrieved from http://www.entrepreneur.com/tradejournals/article/print/199122178.html

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

Audiences: Attorneys, Psychologists

Populations: Adolescents, Adults


Learning to observe signs of mental impairment

Publication Year: 1992

Description

Paper ennumerates for criminal defense teams, in order to facilitate acquisition of critical observational skills, the types of behaviors identified by mental health professionals as significant signs of psychiatric problems.  Most of the behaviors discussed are general signals of mental disorder rather than definitive symptoms of one particular psychiatric illness.  According to the author, these signals, if properly noted by the legal team and passed on to the mental health expert, will help guide the expert to make a more accurate evaluation.

Citation

Logan, D. D. (1992). Learning to observe signs of mental impairment. California Attorneys for Criminal Justice, 19(5-6), 40-50.

Topics: Assessment/Diagnosis, Psychiatric/Mental Health Issues

Audiences: Attorneys, Mental Health Professionals, Psychologists

Populations: Adults


The criminal justice system and individuals with attention deficit disorder and learning disabilities

Publication Year: 1995

Description

Article explores the relationship between individuals with Attention Deficit Disorder and individuals with Learning Disabilities who engage in criminal behavior, first by defining the disorders and then by explaining how the disorders have been treated in past court cases. The authors conclude the article with a call for increased advocacy for individuals with these disorders.

Citation

Latham, P.H., Goldstein, S., Dickman, G. E., Latham, P. S., & Quinn, P. O., (1995). The criminal justice system and individuals with attention deficit disorder and learning disabilities. Attention Deficit Disorder Association.

Topics: Attention Deficit Hyperactivity Disorder, Characteristics, Learning Disabilities, Legal Issues

Audiences: Advocacy Groups, Attorneys, Families

Populations: Adolescents, Adults


What tests are acceptable for use in forensic evaluations? A survey of experts

Publication Year: 2003

Description

Article presents the findings of a survey conducted with forensic psychologists concerning the forensic evaluations that they use.  Specifically, the results show the popularity and acceptance of tests in the following areas: mental state at the offense, risk for violence, risk for sexual violence, competency to stand trial, competency to waive Miranda rights, and malingering, or feigning disability.

Citation

Lally, S. J. (2003). What tests are acceptable for use in forensic evaluations? A survey of experts. Professional Psychology: Research and  Practice, 34(5), 491-498.

Topics: Assessment/Diagnosis, Competency, Malingering, Professional Practice

Audiences: Attorneys, Psychologists

Populations: Adults


IQ testing: A matter of life or death

Publication Year: 2003

Description

Article compares and contrasts the conflicting premises which underlie the initial intent and scope of IQ test findings and the nationally sanctioned role IQ tests now have as a result of the Court's ruling in Atkins v. Virginia.

Citation

Koocher, G. P. (2003). IQ testing: A matter of life or death. Ethics & Behavior, 13(1), 1-2.

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

Audiences: Attorneys, Families, Psychologists, Teachers

Populations: Adolescents, Adults


Use of the Minnesota Multiphasic Personality Inventory (MMPI) to identify malingering mental retardation

Publication Year: 2004

Description

Article examines what the author suggests are "erroneous rulings" made by the Mississippi Supreme Court as a result of the Court's recognition of Multiphasic Personality Inventory (MMPI-2) results in mitigation cases.  The author contends that the MMPI is an inappropriate instrument for identifying malingering intellectual disabilities.

Citation

Keyes, D. W. (2004). Use of the Minnesota Multiphasic Personality Inventory (MMPI) to identify malingering mental retardation. Mental Retardation, 42(2), 151-153.

Topics: Assessment/Diagnosis, Malingering, Professional Practice

Audiences: Attorneys, Psychologists

Populations: Adults


Troubled children grown-up: Antisocial behavior in young adult criminals

Publication Year: 2000

Description

Study evaluates Eysenck's antisocial behavior (ASB) hypothesis that there is an antisocial temperament that, in interaction with socialization, intelligence, and achievement, puts an individual at significant risk for developing antisocial behavior, which, the authors contend, puts an individual at risk for engaging in criminal behavior as well.  The study concludes with recommendations for educators based on the study's findings for ways to better recognize and enhance teaching and learning for children and youth with special emotional, behavioral, and cognitive needs.

Citation

Kemp, D., & Center, D. (2000). Troubled children grown-up: Antisocial behavior in young adult criminals. Education and Treatment of Children, 23(3) 223-38.

Topics: Behavioral Issues, Characteristics, School Applications/Issues

Audiences: Families, Psychologists, Teachers

Populations: Adolescents, Adults


Straight talk about IQ and the death penalty

Publication Year: 2003

Description

Article attempts to answer the following questions relating to the issue of IQ and the Death Penalty: Is IQ related to criminality? Do IQ tests discriminate against minorities? Are individuals with MR less culpable? Does diminished culpability mean that individuals with limited intelligence should be spared execution?

Citation

Kane, H. (2003). Straight talk about IQ and the death penalty. Ethics & Behavior, 13(1), 27-33.

Topics: Competency, Death Penalty/Capital Offenses - General, Intellectual Disabilities, Intelligence Functioning/IQ Testing

Audiences: Attorneys

Populations: Adults


The Flynn Effect and U.S. Policies: The impact of rising IQ scores on American society via Mental Retardation diagnoses

Publication Year: 2003

Description

Article examines the effects that the renorming of IQ tests can have on the scores produced by those tests.  Specifically, because taking a renormed test can result in individuals in the borderline and mild Intellectual Disability range loosing an average of 5.6 points on a renormed test, the article calls for a closer examination of the impact that renorming IQ tests has on the scores they produce.

Citation

Kanaya, T., Scullin, M. H., & Ceci, S. J. (2003). The Flynn Effect and U.S. Policies: The impact of rising IQ scores on American society via Mental Retardation diagnoses. American Psychologist, 58(10), 778-790.

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

Audiences: Attorneys, Psychologists

Populations: Adolescents, Adults


Persons with intellectual disabilities in the criminal justice system: Review of Issues

Publication Year: 2007

Description

Review examines the prevalence of individuals with intellectual disabilities committing criminal offenses, the characteristics of offenders, vulnerabilities within the legal system, and assessment of individuals with intellectual disabilities.  Additionally, it includes a brief overview of intervention and treatment approaches.

Citation

Jones, J. (2007). Persons with intellectual disabilities in the criminal justice system: Review of Issues. International Journal of Offender Therapy and Comparative Criminology, 51(6), 723-733.

Topics: Characteristics, Criminal Justice System - General, Intellectual Disabilities, Treatment/Intervention/Instruction

Audiences: Attorneys, Law Enforcement, Mental Health Professionals, Psychologists

Populations: Adults


Tools for promoting educational success and reducing delinquency

Publication Year: 2007

Description

Publication presents a series of "tools for success," describing promising teaching practices which have been implemented successfully throughout the country and which, if used properly have the potential to prevent students--including those with disabilities--from being referred to the juvenile justice system due to their behavior in school.  Each of these "tools for success" is linked to one of nine sections that relate to the stages of a student's involvement in pre-school, school, and post-school settings, including juvenile justice settings for those referred to that system.

Citation

JJ/SE Shared Agenda. (2007). Tools for promoting educational success and reducing delinquency. NASDSE & NDRN, Washington, DC.

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

Audiences: Teachers

Populations: Adolescents


Assessment instruments measuring malingering used with individuals who have mental retardation: Potential problems and issues

Publication Year: 2006

Description

Article discusses the respective validities of four instruments designed to assess malingering, i.e, the exaggeration or fabrication of physical and/or psychological symptoms, when used with individuals with significant sub-average intellectual functioning.

Citation

Hurley, K. E., & Deal, W. P. (2006). Assessment instruments measuring malingering used with individuals who have mental retardation: Potential problems and issues. Mental Retardation, 44(2), 112-119.

Topics: Intellectual Disabilities, Malingering

Audiences: Advocacy Groups, Attorneys, Law Enforcement, Psychologists

Populations: Adults


Prevalence of ‘criminal offending’ by men and women with intellectual disability and the characteristics of ‘offenders’: Implications for research and service development

Publication Year: 2002

Description

Article proposes two different ways of grouping individuals with intellectual disabilities who commit criminal justice offenses: the first group is comprised of individuals for whom social disadvantage and mental ill health are primary characteristics, and the second group is comprised of individuals who are already known to intellectual disability services as service users for whom the destinction between "challenging behavior" and "offending" is not clear.  The authors argue that research needs to move from prevalence and descriptive studies to investigation of the processes which determine movement in and out of the criminal justice system.

Citation

Holland, T., Clare, I. C. H., & Mukhopadhyay, T. (2002). Prevalence of 'criminal offending' by men and women with intellectual disability and the characteristics of 'offenders': Implications for research and service development. Journal of Intellectual Disability Research, 46(1), 6-20.

Topics: Intellectual Disabilities, Treatment/Intervention/Instruction

Audiences: Advocacy Groups, Law Enforcement, Mental Health Professionals, Politicians

Populations: Adults


Holmes v. State of Louisiana

Publication Year: 1976

Description

State Supreme Court case addresses whether the population of individuals with Fetal Alcohol Syndrome faces special risks of wrongful execution, similar to those faced by individuals with intellectual disabilities that was addressed in Atkins v. Virginia.

Citation

Holmes v. State of Louisiana, 535F.2d 659 (U.S. Ct. App., 5th Cir., 1976)

Topics: Death Penalty/Capital Offenses - General, Fetal Alcohol Spectrum Disorder

Audiences: Attorneys

Populations: Adults


Cultural competency in capital mitigation

Publication Year: 2008

Description

Article highlights the important role cultural competency on the part of the defense team plays in effectively building mitigation arguments for all phases of capital cases, from building a positive relationship with the client to deciding on a plea and from developing strategies during the trial to, if necessary, arguing for clemency.

Citation

Holdman, S., & Seeds, C. (2008). Cultural competency in capital mitigation. Hofstra Law Review, 36(883), 883-922.

Topics: Cultural Considerations/Issues, Mitigation Topics/Issues

Audiences: Attorneys

Populations: Adults