|
| |
Recommendations
Until capital punishment is completely abolished in the United States, offenders with mental retardation should be exempted from a sentence of death or execution. All participants in the criminal justice system should use their authority, expertise, and discretion to ensure capital punishment is not levied on persons whose cognitive, social, and moral development has been limited by mental retardation.
To State Legislatures:
- Adopt legislation prohibiting the imposition of death sentences against or execution of people with mental retardation. Such legislation should ensure that all defendants charged with capital crimes are psychologically assessed to determine whether they suffer from mental retardation or other mental disabilities; lay out pre-trial procedures for adjudicating disputed claims of mental retardation; and permit capital defendants to raise the issue of mental retardation at any time prior to sentencing and/or execution.
- Strengthen laws and procedures to ensure that all capital defendants have competent, experienced counsel. In particular, take steps to ensure that defendants with mental retardation are represented by counsel with experience in representing people with this disability.
- Create a legislative presumption against the validity of waivers of "Miranda" rights -- the right to remain silent and the right to an have attorney present during questioning -- by suspects who have mental retardation and who confess without benefit of the advice of counsel.
- Ensure that indigent defendants with mental retardation have access to free and adequate counsel in all post-conviction proceedings as well as during their initial trials.
- Allocate adequate funds to enable defense teams working with capital defendants to investigate their clients' mental health status and obtain comprehensive psychological tests.
- To ensure fairness, continually and conscientiously monitor the process for imposing death sentences in all capital cases.
To Police Investigators:
- Implement training and sensitivity programs for police officers who may come into contact with people who have mental retardation in the course of their duties. Training should include information on how to identify mental retardation and on special accommodations that should be made to respect the rights of people with this disability.
- Develop, adapt and follow special protocols for police interrogations of people with mental retardation. Ensure that an individual being questioned truly understands his or her Miranda rights and recognize that "yes" or "no" answers may not indicate genuine comprehension of complex issues such as rights and waivers.
To Prosecutors:
- Become familiar with the characteristics of persons with mental retardation.
- Participate in the identification of mentally retarded people caught up in the criminal justice system and assist in ensuring respect for their rights.
- Give mental retardation appropriate mitigating weight in plea negotiations and sentencing requests. Refrain from seeking the death penalty for offenders with mental disabilities.
- Use as expert witnesses on the question of a defendant's mental retardation only professionals specially trained and experienced in the testing and diagnosis of mental retardation.
To Defense Counsel:
- Become familiar with the characteristics of persons with mental retardation, and pay special attention to any indication that a client may have this disability.
- Seek funds for and hire experts in the specialized field of mental retardation to evaluate clients and educate the court and jury about the special issues presented by a defendant with mental retardation.
- Ensure that all clients understand the significance and complexity of the criminal justice system by carefully explaining all aspects of the system and testing the client's understanding by asking questions. Should a client exhibit signs of difficulty or incomprehension, seek a comprehensive mental health examination by a qualified professional with expertise in mental retardation.
- When necessary, ensure that juries are made aware that unusual behavior -- such as smiling, sleeping, or staring in the courtroom -- is often a characteristic of people with mental retardation who do not fully comprehend the nature and significance of legal proceedings, and not a sign of callousness or lack of remorse.
To Judges:
- Keep an up-to-date list of local agencies able to provide information and assistance when questions arise about defendants with mental retardation.
- Insist on mental health evaluations in all cases where there is any question of the defendant's cognitive abilities, including his or her ability to comprehend the proceedings or to assist in his or her own defense. Assist in ensuring that the funds necessary for such investigation and evaluation are provided to ensure that the defendant's right to an adequate defense is respected.
- Recognize that experts in mental retardation are needed to accurately evaluate and diagnose defendants who may have mental retardation. Ensure that experts for both sides possess the necessary qualifications, skills, and experiences to identify mental retardation.
- Take care to ensure that all capital defendants, especially those with mental retardation, are adequately represented by counsel experienced in capital cases. Appoint counsel promptly and allocate sufficient funds for investigation and mental health evaluation as needed for indigent defendants. Take steps to ensure that appointed counsel are experienced and knowledgeable about defending people with mental retardation.
- Carefully and conscientiously evaluate waivers of rights by defendants who may have mental retardation. Before reaching a finding on the validity of waivers, examine the defendant's ability to comprehend the full range of implications of waiver decisions. Be aware that "yes" and "no" answers may not indicate genuine understanding of complex concepts.
- Consider inherently suspect and undertake a particularly careful inquiry before accepting the validity of a waiver of the right against self-incrimination by a defendant with mental retardation who confessed without the advice of counsel.
- In sentencing, consider alternatives to prison for offenders with mental retardation, such as placement in specialized programs. When incarceration is required, the offender's mental disabilities should be taken into consideration and confinement should be in a safe, habilitative setting.
To Governors and Other Clemency Authorities:
- Ensure that no offender with mental retardation is executed. Exercise legal authority to grant clemency and to commute the sentence of any capital defendant with mental retardation who had been sentenced to death.
- Support legislation to exempt persons with mental retardation from capital punishment.
To Mental Health Professionals Working in the Criminal Justice System:
- Become familiar with the characteristics of mental retardation. Assist in identifying defendants with mental retardation, and ensuring that they receive access to appropriate services. If necessary, seek assistance from professionals trained in identifying and evaluation claims of retardation.
To Mental Health Professionals and Experts in Mental Retardation Working outside of the Criminal Justice System:
- Develop outreach programs to educate criminal justice professionals about mental retardation.
|
|
|
