Understanding What's Happened at Court or If You're Not Part of the Solution You're Part of the Problem (From Intellectually Disabled Offenders, P 55-67, 1987, Dennis Challinger, ed. -- See NCJ-109708)

• NCJ Number: 109712
• Author(s): R Llewellyn; P Miller
• Date Published: 1987
• Length: 13 pages
• Sale Source: Australian Institute of Criminology; National Institute of Justice/
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia
• Note: For microfiche, see NCJ-109708.

Annotation

After reviewing the philosophy of 'normalization' for intellectually disabled (ID) persons, this paper examines how the South Australian courts have failed to support this approach in dealing with such persons, as they have been both disadvantaged by and exploited the court system.

Abstract

The 'normalization' approach has aimed at maximizing the abilities of ID persons to live independently in the community while providing services for their needs. The court system has often failed to support 'normalization' by diverting ID persons from normal court processing under the assumption that they should not be held responsible for their behavior or that they are incapable of responding appropriately under due process guarantees. ID persons are also frequently disadvantaged by the bail system, as they generally lack the funds required for bail and are consequently jailed. ID persons often manipulate the court system to their advantage when they have learned that the courts will not hold them responsible for criminal offenses. Police, attorneys, and judges should be trained to understand and deal with ID persons so they will be treated as responsible persons by the criminal justice system, services should be developed to meet their distinctive needs in criminal justice processing. 6 references.