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Smith, S.A., Broughton, S.F. (1994). Competency to stand trial and criminal responsibility: An analysis in South Carolina. Mental Retardation, 32, (4), 281-287.

Over a period of five years, the files of 160 defendants with mental retardation who were evaluated for competency to stand trial and criminal responsibility were reviewed. It is noted that the amount of time between arrest and court order for evaluation was long and increased throughout the five years of the study. There was a direct relation between IQ and whether an offender was sentenced to jail. Nearly all offenders who were judged competent and had an IQ of 60 or above were sentenced to jail or prob ation. For those with IQs below 60 and judged competent, probation was the sentence of choice 38% of the time, followed by jail and Department of Mental Retardation custody, 25% each. Those judged not competent in this IQ group tended to be assigned to th e Department of Mental Retardation custody or have their case dismissed. Improvements in the evaluation process are discussed.

 
 
 
 

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