ADHD In The Justice System
From Eileen Bailey,Your Guide to Attention Deficit Disorder.

Should impulsiveness be taken into consideration in the court system?

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A 22 year old man with ADHD was sentenced to 7 years in prison for beating a man and leaving him in the snow to die. Although the defense attorney brought his ADHD to the attention of the court, the judge disregarded it as a valid defense during the trial and in subsequent sentencing.

In another case, a father describes how his son was framed and sentenced to 20 years, his ADHD was never a factor in the trial. "It is my belief that the D.A. had no evidence so he created witnesses. My son has ADHD and anxiety attacks so he seems to make an easy target. The judge sentenced my son to 20 years with 15 suspended. My son was tried as an adult. No jury trial just a judge. My lawyer was to use me as a witness. I was sent out of the court to wait and was never called in by my son's lawyer. I missed all of the trial except for the verdict."

In yet another, Justin Ward played Russian Roulette with his best friend, and she lost. His defense attorney argued that although his ADHD was not an excuse for his behavior, it did affect Justin's behavior and his ability to make decisions. The jury found him guilty, ignoring ADHD as a mitigating factor. He since received an appeal and then pleaded on a lesser charge.

Should our court system take ADHD into consideration during a trial and sentencing of an individual who committed a crime?

Most judges and prosecuting attorneys, at this point, see an ADHD defense as an excuse for behavior. There are many individual around that have ADHD, and yet do not engage in criminal behavior, therefore, ADHD must not cause criminal behavior, right?

The answer, it seems, is not quite that simple. It is true, many individuals with ADHD have made it through life without having committed a crime, much less intentionally harmed another human being. But does that lessen the extent and disability that another might suffer from ADHD, maybe untreated and misunderstood for many years? I certainly do not condone the harming of another being, nor theft, or other antisocial behavior, but looking at all of the disturbing facts, ADHD certainly seems to play a role in the behaviors that could land someone in jail. (See disturbing facts and figures)

Some studies have suggested that up to 70% of juvenile offenders have ADHD and that upwards of 40% of males in medium security prison show all the classic symptoms of ADHD. When compared to the norm of 3-5% of individuals having ADHD, the numbers would certainly suggest that ADHD plays a role and places individuals with a higher risk factor of displaying antisocial and/or criminal behavior. Additionally, many of these individuals were either not diagnoses with ADHD, never received treatment, or treatment had been discontinued after puberty.

''The symptoms of ADHD put children with the disorder at higher risk for school failure, dropping out, involvement with drugs and alcohol and for inappropriate behavior that may lead to school disciplinary actions or juvenile court prosecution,'' said Stephen H. Spector, director of government relations for Children and Adults with Attention Deficit Hyperactive Disorder, or CHADD, a nationwide support advocacy group.

''Recent reports raise concerns that, in many communities, the juvenile justice system does not have adequate prevention programs, engage in appropriate evaluation for ADHD, does not take the disorder into account during disposition of cases and does not adequately follow up after the cases are disposed of.''

Spector said that CHADD does not insist that the presence of a disorder like ADHD excuses unlawful acts or automatically exempts youth from the consequences of delinquent behavior. But the courts and police should consider the disorder when in contact with youth with ADHD, he said.

Advocacy groups like CHADD urge comprehensive, multidisciplinary training about ADHD in youth for educators, mental health professionals, juvenile justice professionals, judges and police, Spector said.

In contacting a number of attorneys, throughout the United States, the overwhelming response is that most judges and prosecuting attorneys refuse to consider ADHD at all within the court system. Any mention from defense attorneys of ADHD will be met with skepticism at best and outright disdain and refusal at worse.

Defense Attorney Drew Segadelli of Falmouth. said that "juries aren't going to buy that someone isn't responsible for their behavior because of ADHD - not at this time. Juries are tough. They don't want to hear excuses. Until there's more information in the public about a disorder, it will wind up sounding like an excuse."

What would be the outcome if the court system took ADHD into consideration, and in the case of youth, worked with probation officers and the families to create a plan of action? Would adults with ADHD be able to turn their life around if their negative actions ended up with a diagnosis and a plan for treatment? T. Dwaine McCallon, MD, the Medical Director at Buena Vista Correctional Facility, along with a social worker and a clinical PhD, studied the effects of treatment for ADHD after release from prison. They followed 41 released prisoners diagnosed with ADHD. A treatment plan (that included Ritalin, support groups, counseling, and medical treatment). After 2 years, the normal rate of recidivism was 53-58%, nationwide. However, in the control group, there was a rate of less than 10%. There were 3 parole violations and only 1 new criminal charge.

This study show the possibilities and potential of all individuals with ADHD. It also shows that undesired and unacceptable behavior is not the goal of individuals. With proper treatment, understanding and support, all individuals can succeed and lead productive lives.

Should the court system take ADHD into consideration? Well, if they did, just imagine the possibilities!!

Disturbing Facts and Figures
40% of boys with (untreated) ADHD will be arrested for a felony by the time they're 16. (*1)
52% of people with (untreated) ADD will have drug or alcohol problems. (*1)
A legal attorney says that 40-50% of his clients have diagnoses of ADD or hyperactivity in their past or at least meet the history requirements for such a diagnosis. (*1)
Upwards of 40% of medium security male prisoners have classic symptoms of ADHD. (*2)
Up to 70% of juvenile offenders may have ADHD (*3)
From 30% to 50% of adjudicated juveniles and adults have been found to have Learning Disabilities. (*3)
Learning Disabilities increase a child's risk of adjudication by 220%. (*3)
Studies of older children and young adults up to 22 years with ADHD show that subjects perform significantly worse than controls on tests of problem-solving abilities and attentional capacities, even when controlling for the effects of co-morbid (i.e., co-occurring) diagnoses. (*4)
A recent study by L. M. Babinski, for instance, followed up 230 male and 75 female subjects, and found that "both hyperactivity-impulsivity and early conduct problems independently, as well as jointly, predict a greater likelihood of having an arrest record for males, but not for females." (*5)
The greatest predictor of delinquency, school drop out, and mental health problems in adulthood is peer rejection in the early elementary grades. (*6)


Footnotes

(1) Why Attention Deficit Disorder on A Legal Page?

(2) "If He Outgrew It, What Is He Doing in My Prison?"

(3) Preventing Antisocial Behavior in Disabled and At-Risk Students

4) ADHD: new evidence of crime link

(5) Public Health Issues in ADHD: Individual, System, and Cost Burden of the Disorder Workshop


ADHD within the Justice System
Children and adults with ADHD are more at risk of displaying antisocial behavior. How is this handled in the court system and what role does ADHD play within the Justice System.