“Forensic Clinical Psychology as an Emerging ... - SRM University

Mental retardation associated with deficits that affect most of the areas of functioning and are
persistent. In contrast, severe traumatic brain injury may result in global deficits or alternately
might result in focalized deficits with other areas of functioning remaining intact. Further, in brain
injury cases functional deficits may improve over time with treatment (Lezak, 1995). In certain cases
involving mentally retarded individuals, it is desirable to do a comprehensive neuropsychological
evaluation in addition to assessment of intellectual and adaptive functioning to available specific
functional areas such as language skills, executive functioning etc. That might be relevant to a
particular forensic issue.
Characteristics of the Mentally Retarded offender: Regarding intelligence and adaptive functioning,
mentally retarded defendants have specific deficits in social functioning and reasoning which affect
the judicial process. Some other characteristics also undermine the mentally retarded individual’s
ability to participate in defense. However some individuals are considered competent to confess,
to stand trial, or to make intelligent decisions and are convicted, Failing to understands their rights,
confused by the process, and agreeing with statements and decisions, which are unfair and not
to their benefit are not fit a stand trial. Forensic psychologist should assist the defendant’s true
functioning and understanding. Other sources of information may provide additional information
about the individuals typical functioning.
Nature of Crimes committed by Mentally Retarded Individuals: Individuals with mental retardation
may be susceptible to particular types of crimes because of the nature of their deficits. Poor impulse
control, limited planning ability, judgment and poor coping skills that cause difficulty in day-today
functioning can provide the background to criminal behavior (Kinsler, Saxman, and Fishman,
2004). The violent, out - of control mentally retarded offender: usually charged with committing
misdemeanors and less serious crimes (White and Wood, 1986). Many commit crimes that they do
not fully understand. When a crime has been committed, they usually do not run away and hence
first to be caught. Mentally retarded offenders have poor impulse control and inhibitory behaviors.
Assaultive behaviors frequently seen with institutionalized individuals with mental retardation.
Estimate of aggressive behavior causing injury to others is 36.9% (Hill and Bruinink, 1984). Individuals
who are forensically hospitalized for aggression, the rates of post admission aggression indicates
a higher prevalence of 46.5% (Novaco and Taylor, 2004) Further, studies have suggested that as
intellectual functioning declines, there is a rise in the rate of aggression (Hill and Bruinink, 1984;
Novaco and Taylor, 2004). Violent crimes such as assault and homicide are unplanned responses
to intense feelings of fear, anger, or panic, occasionally resulting when another crime goes wrong.
Sexual offenses are also common in the forensic population with mental retardation. Estimates
suggest that mentally retarded individuals commit approximately 10-15% of all exposure, sexual
touching, and other minor offense (Day, 1997). Retrospective analysis demonstrates that many of
these individuals are lacking in adequate training concerning appropriate expressions or lack or
absence of appropriate understanding of social rules.
The prevalence of psychiatric disorder in individuals with mental retardation is four to six times
greater than the general population (McLean, 1993).The symptoms of psychiatric disorders present