The role of therapeutic jurisprudence to support persons with intellectual and developmental disabilities in the courtroom: Reflections from Ontario, Canada

It is generally recognized that persons with intellectual and developmental disabilities (IDD) are at greater risk than the general population when they encounter the criminal justice system due to vulnerabilities such as cognition, memory and language (Jones, 2007). To date, little evidence has bee...

Full description

Saved in:
Bibliographic Details
Published in:International journal of law and psychiatry 2019-03, Vol.63, p.18-25
Main Authors: Marinos, Voula, Whittingham, Lisa
Format: Article
Language:English
Subjects:
Community Mental Health Services - legislation & jurisprudence
Criminal Law - trends
Developmental Disabilities
History, 20th Century
Humans
Informed Consent - legislation & jurisprudence
Institutionalization - history
Intellectual disabilities
Intellectual Disability
Judicial Role
Mental Competency - legislation & jurisprudence
Mental health courts
Ontario
Problem Solving
Social Marginalization - psychology
Social Responsibility
Social Stigma
Therapeutic jurisprudence
Vulnerable Populations
Citations: Items that this one cites
Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:It is generally recognized that persons with intellectual and developmental disabilities (IDD) are at greater risk than the general population when they encounter the criminal justice system due to vulnerabilities such as cognition, memory and language (Jones, 2007). To date, little evidence has been generated regarding best practice to support persons with IDD in the criminal justice system, specifically the courtroom. Various models of problem-solving courts have developed across Canada to divert cases composed of complex human social problems to more appropriate community-based treatment and supports. Past Canadian authors have raised critical questions that require reflection about the broader theory of Therapeutic Jurisprudence (TJ) and its current implementation in problem-solving courts. Given the risk and vulnerabilities of persons with IDD in the criminal justice system, problem-solving courts (specifically mental health courts) hold great promise to address some of the unique needs of these individuals. We reflect on the critical questions raised by previous Canadian authors regarding problem-solving courts and suggest some considerations that need to be addressed to maximize the benefits of these courts for persons with IDD.
ISSN:0160-2527
1873-6386
DOI:10.1016/j.ijlp.2018.07.004