DEVELOPMENTAL DISABILITIES

 AND THE CRIMINAL JUSTICE SYSTEM

 AS VICTIMS...

 <     There are an estimated 5,000,000 crimes against the DD per year in the US (Compare to only 8,000 “Hate Crimes” which generate much study and press attention)

 <     The DD are 4 to 10 times more likely than nondisabled to become victims of crime; and 13 times more likely to be victims of sexual abuse, usually by their caregivers

 <   It is estimated that a person with DD will be victimized 10  times over his/her lifetime

 <     Repeat victimization is high due to poor reporting/language skills and failure of law enforcement agencies to take action on their behalf

 <     Those who victimize the DD receive lighter sentences and often go free entirely

<     There are no public agencies which provide specific services to DD victims; many exclude them from potential client lists 

DEVELOPMENTAL DISABILITIES

AND THE CRIMINAL JUSTICE SYSTEM 

AS WITNESSES... 

<      The DD are often excluded from testimony even though they can and often do have accurate memories of events 

<      On the stand, they tend to become confused on confrontation (cross-examination) when unrehearsed questions are presented 

<      The law requiring a victim’s advocate in the courtroom is often overlooked, thus the DD are easily intimidated by the courtroom itself, judges, police officers, attorneys, and their assailants 

<      The DD are often eager to please, thus agree easily, are “outerdirected”, or “confabulate”, then cannot repeat this information consistently over time 

<      DD clients are not often time and date oriented, nor do they have accurate perceptions of left-right orientation or position in space; all are conditions which can lead to inaccuracy and confusion on the witness stand 

<      As witnesses, DD victims are terrified of their assailants, thus may recant or become increasingly confused in their presence 

<      DD witnesses require treatment much like that of children, who are allowed to utilize closed-circuit television or other means to avoid intimidation  

DEVELOPMENTAL DISABILITIES

AND THE CRIMINAL JUSTICE SYSTEM 

AS CRIMINAL DEFENDANTS... 

<       As defendants, the DD often waive Miranda rights they do not comprehend 

<       DD clients are more likely to utilize public defenders whose large case loads do not permit thorough attention to their unique needs 

<       Psychological evaluations of DD clients are seldom performed prior to trial or sentencing, thus the condition is sometimes not discovered until incarceration (or at all) 

<       Pretrial, DD clients are typically held in jail in lieu of bail; this condition correlates to increased severity of court disposition 

<       DD defendants are more likely to plead guilty and waive their Constitutional rights to a jury trial 

<       DD defendants confess more readily and are less successful in plea bargaining negotiations 

<       At trial, DD clients have difficulty recalling details, locating witnesses, and testifying credibly 

<       DD offenders are most often convicted of property crimes (usually theft and arson); a minority are convicted of violent and sex-related offenses (often indecent exposure and child sexual assault)  

<       DD defendants are more likely to receive mid or high-term prison sentences and less likely to be placed on probation 

<       Recidivism rates for DD offenders are high, therefore these clients are increasingly encountering mandatory sentencing (“3 strikes”) laws 

<       As inmates, less than 10% of DD receive any specialized services; most are mainstreamed with the general prison population where they are victimized 

<       DD inmates receive fewer “good-time” credits, thus serve 30% more time