Justice-involved individuals with intellectual and developmental disabilities (I/DD) face tremendous challenges within the criminal justice system. Their potential for limited mental capacity may interfere with their ability to reason and make sound judgments. As a result, they lack the necessary skills to understand that what they are doing may be wrong, making them more susceptible to criminal behaviors, albeit unwittingly. In some cases, individuals with developmental disabilities may even be coerced by criminals to commit these unlawful acts. Many of these individuals agreeing to commit these offenses may be using this as a way to forge friendships with the perpetrators. They often do this with no understanding that their participation is a crime—and therefore wrong—and can have serious consequences.

When police officers arrive at the scene, they might not immediately recognize that these individuals have cognitive impairments. Many individuals with I/DD may lack physical markers that make these disabilities readily apparent. When questioned, these individuals might have a difficult time communicating with the arresting officer, further complicating the situation. For officers unfamiliar with I/DD, these individuals might present as erratic; unstable; and, in many cases, uncooperative. This inability to effectively communicate with law enforcement may increase an individual’s vulnerability to arrest. Further, any behavioral issues the individual has may intensify the situation.