Karen Franklin, Ph.D.
Selected Topics:
Mentally retarded individuals pose special problems within the criminal justice system. Although they are estimated to make up anywhere from 2% to 10% of criminal defendants, most are never identified. They are invisible.
They remain invisible because, ashamed of their disability and desiring to please others, they typically go along with authority and do not question or challenge things that they do not understand. They present difficult doctrinal and practical issues for the criminal justice system, and difficult diagnostic issues for the forensic psychologist.
Because of their tendency to be accommodating, they are more likely than other individuals to falsely confess to crimes they did not commit. They are more likely to plead guilty without understanding the rights they are giving up. And they account for a disproportionate percentage of executed defendants.
Mental health experts are not
automatically
experts on mental retardation, and many commonly used psychological
tests
are not appropriate for mentally retarded defendants.
For further information:
"Mentally retarded criminal defendants," by James Ellis & Ruth Luckasson, George Washington Law Review, Vol. 53, #3-4, March-May 1985.
"When in doubt, say yes: Acquiescence in interview with mentally retarded persons," by Carol Sigelman, Edward Budd, Cynthia Spanhel & Carol Schoenrock.
