Closing the Research Gap: Competency to Stand Trial, Civil Commitments, and Individuals with Intellectual Disabilities

• In Event: Lightning Talk: Crime and the Body: Biological, Psychological, and Emotional Considerations

Abstract

Intellectual disabilities are under the umbrella of neurocognitive and developmental deficits. Individuals with this diagnosis do not respond to rehabilitation in the same way that those with mental disorders do. The criminal justice system requires that defendants be found competent to stand trial if there are concerns that they may not meet the Dusky Standard. Defendants with intellectual disabilities may be found incompetent to stand trial based on their understanding of their case and how best they can assist their attorneys. These evaluations and ensuing restoration services are designed with the goal that a defendant can be restored. If the defendant cannot be restored, their charges may be dropped or they may be civilly committed. Civil commitments are controversial because they add additional time after a defendants has served their incarceration. Further, these commitments are generally based on issues around the perceived dangerousness of the defendant and public safety. Hence, it is commonly used for sexually violent offenders and those with severe mental illnesses. Defendants with intellectual disabilities do not neatly fall into either category and face unique challenges related to competency evaluations as a whole, risks of civil commitment, and their due process rights.

Author

• Jacqueline Clardy-Josephs, Marymount University