Individuals with intellectual disabilities are arrested, charged, and incarcerated at disproportionately high rates. While intellectual disability is not a cause of crime, this population faces systemic barriers that complicate their interaction within the standard legal system. Challenges related to abstract reasoning, communication deficits, and struggles with judgment can substantially impact their right to due process.
There are several factors which contribute to the overrepresentation of individuals with intellectual disability within the criminal justice system. This marginalized group faces heightened vulnerability due to reduced impulse control, increased susceptibility to persuasion, and a greater risk of their communication and behavior being misinterpreted. Furthermore, they often experience higher rates of risk factors like poverty, mental illness, trauma, and substance use. These same vulnerabilities not only increase their likelihood of victimization but also create barriers that impede their ability to fully exercise their constitutional rights within the legal system.
Navigating the legal system presents significant challenges for those with intellectual disabilities. They may not fully comprehend their legal rights and may struggle to meet the standard for court competency, which requires a basic understanding of the legal process, the ability to appreciate the nature of their charge, and adequately assist their attorney in their defense.
When an individual’s intellectual disability raises concerns regarding their competency to stand trial, the court may request a competency evaluation. To protect their legal rights, individuals with intellectual disabilities may require specialized support and services, such as education, to help them understand their charges and gain general knowledge of the court process prior to engaging in court proceedings.