Victims, Witnesses, and Defendants with Mental Illness or Intellectual and Developmental Disabilities

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Authors: Arc, NAMI, PCE

Individuals with intellectual and developmental disabilities (I/DD) or mental illness are overrepresented in the criminal justice system, as victims, witnesses, suspects, and defendants. In an effort to inform prosecutors’ strategies when working with these individuals, PCE, in collaboration with the Arc and NAMI, has developed this guide.

The guide includes the following information:

  • An overview of I/DD and mental illness and the legal obligations involved when interacting with people with I/ DD or mental illness
  • Practical approaches for prosecutors to more effectively work with these populations, as victims, witnesses, or defendants
  • Examples of programs that prosecutors have either created or participated in that address the involvement of persons with I/DD or mental illness in the criminal justice system

Secure in our Convictions: Using New Evidence to Strengthen Prosecution

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Author(s): Kristine Hamann, Rebecca Rader Brown

In May 2013, a Colorado man fails to show up to work. Concerned, the man’s boss visits his house, where the man’s roommate refuses to let the boss enter. The boss contacts the police, who launch a missing person investigation. Using cell tower technology, police are able to approximate the missing man’s location in the hours leading up to his disappearance.

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Eyewitness Identification Toolkit

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This eyewitness identification toolkit provides prosecutors with an overview of the research behind witness memory and offers guidance for developing identification procedures. Prosecutors should take the lead in making sure that the identification procedures used in their state yield reliable, admissible evidence. The first step is to learn what procedures their police departments are using and to determine if they are fair and reliable.