ERIC Number: ED089489
Record Type: Non-Journal
Publication Date: 1973-Dec
Reference Count: N/A
The Mentally Retarded and the Law Project CAMIO, Volume 3.
Haskins, Jimmy R.; Friel, Charles M.
Reviewed are statutory and case laws affecting arrest, prosecution, and treatment of the mentally retarded (MR) offender as part of Project CAMIO, (Correctional Administration and the Mentally Incompetent Offender), a Texas study to determine the incidence of criminal incarceration of the MR and to identify laws, procedures, and practices which adversely affect the prosecution and imprisonment of the MR offender. It is concluded that the proper handling of the MR offender requires the amendment or elimination of laws dealing with the defendant's competency to stand trial and the use of insanity as a defense in a criminal prosecution. Noted is effective commitment without right to bail during the mental examination period, the indeterminate or lifetime commitment without a finding of guilt for MR offenders, and a disparity between commitment and release procedures which serves no legal or therapeutic purposes. Issues are discussed in terms of incompetency laws, treatment of MR persons found incompetent, procedural problems such as the psychiatric examination and the incompetency hearing, and MR and criminal responsibility. Explained are 12 recommendations such as termination of the automatic commitment of defendants who require a competency examination and the prosecution's obligation to prove the MR individual's potential danger to society or himself prior to commitment due to incompetency. (DB)
Publication Type: N/A
Education Level: N/A
Sponsor: Rehabilitation Services Administration (DHEW), Washington, DC. Div. of Mental Retardation.
Authoring Institution: Sam Houston State Univ., Huntsville, TX. Inst. of Contemporary Corrections and the Behavioral Sciences.; Texas State Dept. of Mental Health and Mental Retardation, Mexica. Mexica State School.
Identifiers - Location: Texas