
Contents
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1 Infant, Child, and Adolescent Development and the Law: Intersections, Interactions, and Influences
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Defining Intellectual and Developmental Disabilities Defining Intellectual and Developmental Disabilities
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Prevalence of Developmental Disabilities in the Criminal Justice System Prevalence of Developmental Disabilities in the Criminal Justice System
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Pathways Into the Criminal Justice System Pathways Into the Criminal Justice System
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Potential Consequences of Cognitive Deficits in the Criminal Justice System Potential Consequences of Cognitive Deficits in the Criminal Justice System
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Capacity to Waive Miranda Capacity to Waive Miranda
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Competence to Stand Trial Competence to Stand Trial
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Culpability Culpability
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Social Skills Deficits and Involvement in the Criminal Justice System Social Skills Deficits and Involvement in the Criminal Justice System
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Memory, Intellectual Disability, and Eyewitness Identification Memory, Intellectual Disability, and Eyewitness Identification
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Waiver of Miranda Rights and Custodial Interrogation Waiver of Miranda Rights and Custodial Interrogation
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Competence to Stand Trial and Competence to Plead Guilty Competence to Stand Trial and Competence to Plead Guilty
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Summary and Recommendations Summary and Recommendations
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Identification and Screening Efforts Identification and Screening Efforts
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Accommodations and Reduced Threshold for Scrutiny Accommodations and Reduced Threshold for Scrutiny
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Balancing Autonomy and Vulnerability in an Adversarial System Balancing Autonomy and Vulnerability in an Adversarial System
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Conclusion Conclusion
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References References
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23 Adults With Developmental Disabilities in the Criminal Justice System
Get accessKaren L. Salekin, PhD is Associate Professor at the University of Alabama in the Department of Psychology. Dr. Salekin is a licensed clinical forensic psychologist who has conducted hundreds of forensic assessments; for the past 19 years she has specialized in the assessment of intellectual disability in criminal cases. She has consulted and testified in several capital cases involving intellectual disability determination. Dr. Salekin has assisted the American Psychological Association in the writing of amicus briefs related to the standards of assessment of intellectual disability in capital cases; these briefs were submitted to the Supreme Court of the United States. Dr. Salekin conducts research dedicated to evaluating the interface between the legal system and individuals with intellectual disability. She has published chapters and manuscripts focused within this context and has conducted workshops and trainings for lawyers, psychologists, and graduate students related to the assessment of intellectual disability in adult forensic assessments.
Mary E. Wood, PhD, ABPP is Assistant Professor of Psychiatry and Behavioral Sciences at Vanderbilt University Medical Center. The majority of her training and interests (clinical and research) fall at the interface of psychology and the law, with a particular emphasis on the appropriate identification, assessment, and treatment of individuals with intellectual disability in forensic settings. Dr. Wood is board certified in forensic psychology by the American Board of Professional Psychology, and she has conducted nearly 1,000 forensic mental health evaluations for juvenile, criminal, and federal courts in several jurisdictions.
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Published:18 December 2023
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Abstract
Individuals with developmental disabilities, especially intellectual disability, present with characteristic deficits in their intellectual functioning and social–interpersonal skills that place them at a unique disadvantage at nearly every stage of the criminal justice process, from initial involvement in criminal conduct and/or victimization through sentencing. The current chapter reviews the literature regarding the ways in which these deficits interact with criminal justice involvement, including adjudicative competence, capacity to waive Miranda rights, and culpability. This review culminates with a discussion of potential solutions to improve the identification of individuals with developmental disabilities in the criminal justice system, as well as ways to reduce the potential detrimental impact of their deficits in an adversarial system.
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