Reasonable Accommodations for Meeting the Unique Needs of Defendants with Intellectual Disability
- 1 August 2019
- journal article
- research article
- Vol. 47 (3), 310-320
- https://doi.org/10.29158/JAAPL.003855-19
Abstract
The Americans with Disabilities Act has allowed for greater participation of individuals with disabilities across a variety of contexts, most notably in employment settings. Individuals with intellectual disability (ID) are still precluded, however, from full participation in other contexts, and they are often relegated to the forensic arena without sufficient support, including after being adjudicated incompetent to stand trial (IST). Frequently, individuals who are adjudicated IST due to ID are committed to inpatient psychiatric hospitals that are unable to meet their unique needs. We argue that the provision requiring reasonable accommodations to secure meaningful participation in state-funded restoration efforts, explicitly covered by Title II of ADA, is both relevant and imperative for this group. Further, we argue that simple modifications to the forensic assessment process, as well as the trial itself, can provide the scaffolding to facilitate individuals' full and complete participation in the process, reducing the likelihood of an inappropriate determination as IST. In our opinion, failing to appropriately modify the forensic assessment, treatment, and trial process systematically excludes and uniquely disadvantages this population because individuals with ID are often able to meet the essential functions of participation except for interference from deficits commensurate with ID.Keywords
This publication has 21 references indexed in Scilit:
- Future Directions in the Restoration of Competency to Stand TrialCurrent Directions in Psychological Science, 2011
- Designing reasonable accommodation of the workplace: a new methodology based on risk assessmentDisability and Rehabilitation: Assistive Technology, 2010
- Offenders With Intellectual Disability: Characteristics, Prevalence, and Issues in Forensic AssessmentJournal of Mental Health Research in Intellectual Disabilities, 2010
- Behavioral and Psychiatric Differences in Medication Side Effects in Adults With Severe Intellectual DisabilitiesJournal of Mental Health Research in Intellectual Disabilities, 2009
- Errorless Learning for Training Individuals With Schizophrenia at a Community Mental Health Setting Providing Work ExperienceSchizophrenia Bulletin, 2008
- Opinion formation in evaluating the adjudicative competence and restorability of criminal defendants: a review of 8,000 evaluationsBehavioral Sciences & the Law, 2006
- What Predicts a Good Response to Cognitive Remediation Interventions?Schizophrenia Bulletin, 2005
- Miranda Comprehension in Adults with Mental Retardation and the Effects of Feedback Style on Suggestibility.Law and Human Behavior, 2005
- Hospitalization of criminal defendants for evaluation of competence to stand trial or for restoration of competence: clinical and legal issuesBehavioral Sciences & the Law, 2003
- A Second Validation Study of the Competence Assessment for Standing Trial for Defendants with Mental Retardation (CAST-MR)Criminal Justice and Behavior, 1995