Examination of Racial Disparity in Competency to Stand Trial Between Caucasian and African American Retarded Defendants

Taiping Ho, Ball State University

ABSTRACT
Criminal offenders with mental retardation are vulnerable in the criminal justice system due to their impaired intellectual capability and the insensitivity of identification proceedings. Previous studies consistently revealed that African Americans with mental retardation were overrepresented in the criminal justice system. This study examines 288 criminal defendants who had been adjudicated as incompetent to stand trial in the pretrial stage due to their mental retardation. The diagnostic mechanisms in determining competency by the judges and the mental health experts (e.g., psychologists) are also explored. The results show that the effect of race on competency determination was not statistically significant. Racial disparity in determining competency to stand trial was not significantly distinctive. However, this study's results show that African American retarded defendants were overrepresented in this special population, and they had been involved in the criminal justice system at a younger age than Caucasian retarded defendants.

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Updated 05/20/2006