Interface between mental subnormality and law--a review.

Abstract

In this two-part paper, the authors present a review of various facets of the interface between mental subnormality and law. Part I deals with the historical evolution of the concept and definition of mental subnormality, both in the medical and in the legal field, and also the civil issues concerning the mentally subnormal, such as education, employment and community living, marriage, parenthood and involuntary sterilization, the right to treatment and the right to refuse treatment, guardianship and mental incompetency. Part II deals with the criminal issues involving the mentally subnormal, such as the relationship between mental subnormality and crime, competency to stand trial and criminal responsibility, as these concepts relate to the mentally subnormal, and the mentally subnormal in correctional institutions. The emphasis is on the North American scene, that is on the developments in the services for the mentally subnormal in the U.S.A. and Canada. The important judicial and legislative decisions that had great impact on the rights of the mentally subnormal in civil and criminal areas, are covered in this review. The dynamic nature of societal standards and attitudes is also reflected in the ways it deals with the underprivileged members, such as the mentally subnormal. The judicial and legislative decisions thus reflect these changes in societal attitude. As such we can expect ongoing revisions in the services for the mentally subnormal and enactment of new provisions to protect their interests in institutions and in the community.