Are Cognitive Disabilities Successfully Used As A Defense?

Mental illness is commonly used as a criminal defense in the court of law. The insanity defense is preferred for suspects who have mental disorders such as bipolar disorder or schizophrenia. These disorders impair a human being in emotional aspects like depression, paranoia, and other forms of emotional instability. We hear about the insanity defense on a regular basis in court cases and portrayed in the media and movies. What we don’t hear about as often, however, are people with cognitive impairments in the criminal justice system. A person suffering from a cognitive disability may commit a crime and become easily confused with the criminal justice processes. Court processes involving individuals with intellectual disabilities are not given the same attention as court processes involving individuals with mental illnesses. This raises a very important question. Are cognitive disabilities successfully used as a defense? Cognitive disabilities are different than mental disorders, although certain aspects have some similarities. For example, impulsivity and lack of empathy may be seen in both mental and cognitive impairments. Cognitive disabilities, however, are permanent and individuals deal with their disabilities on a daily basis for the remainder of their lives. The factors of cognitive disabilities include, “Intellectual

In the case of Hall v, Florida, the courts knew of Freddie Lee Hall’s intellectual disabilities, yet continued to have him tried for the death penalty. An IQ test was the proof required although IQ tests cannot accurately prove a person’s level of cognitive disability (Warlick & Dougherty, 2015). It is not a reliable source to solely use an IQ test to determine whether or not an individual is intellectually disabled. Thorough evaluations from professionals in the medical field are necessary to properly assess the functioning of the