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Overlooked Vulnerability in a Defendant: Attention Deficit Hyperactivity Disorder and a Miscarriage of Justice

NCJ Number
215565
Journal
Legal and Criminological Psychology Volume: 11 Issue: 2 Dated: September 2006 Pages: 211-218
Author(s)
Gisli H. Gudjonsson; Susan Young
Date Published
September 2006
Length
8 pages
Annotation
This paper describes the implications of a Court of Appeal murder case involving an adolescent boy whose attention-deficit hyperactivity disorder (ADHD) was not identified until after his conviction, years later, and how ADHD could be employed to aid assessment of important vulnerable qualities.
Abstract
The importance of specialist psychological expertise and assessment for the assessment of attention-deficit hyperactivity disorder (ADHD) was demonstrated in this Court of Appeals murder case. ADHD symptoms are relevant to contended issues around adverse inferences and fitness to plead and stand trial. Where there are indications of a history of childhood ADHD, a comprehensive ADHD assessment is necessary. ADHD is a common disorder of childhood, which has become increasingly recognized as an important neuro-developmental condition. The consequences of the failure to identify and diagnose ADHD are central to this paper. It is argued that in the criminal justice system, ADHD is neglected leaving a suspect disadvantaged when interviewed by the police, as well as during court proceedings. The Court of Appeal murder case, in the United Kingdom, of a 15-year old youth convicted and then 8 years later identified with ADHD resulting in the conviction being quashed, demonstrates the importance of identifying and properly diagnosing ADHD. References