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The first critical steps through the criminal justice system for persons with intellectual disabilities
- Authors:
- MERCIER Céline, CROCKER Anne G.
- Journal article citation:
- British Journal of Learning Disabilities, 39(2), June 2011, pp.130-138.
- Publisher:
- Wiley
This paper discusses the initial steps of the judicial process for persons with intellectual disabilities who are suspected of a minor offense in the context of the Canadian criminal justice system (CJS). During this stage, plaintiffs, police officers, and crown attorneys make a series of decisions that will have a significant impact on the course of the judicial process. The main objective of this study was to document the criteria that influence dispositions by police officers and crown attorneys about persons with intellectual disabilities in the CJS. A secondary objective was to report suggested improvements to better support them throughout the judicial process. Fourteen semi-structured interviews were conducted with key informants from the CJS and from service and community organisations. The informants identified a series of implicit criteria that influence the decisions made and dispositions taken in the case of a suspected offence. Suggestions for improvement include early screening for intellectual disability, educating police officers and crown attorneys about intellectual disabilities, a preference for the use of summons to appear over other types of procedures, and drafting memorandums of understanding between various organisations and police services regarding persons with intellectual disabilities. The findings emphasise the need for more effective screening and diversion procedures for persons with intellectual disabilities within the CJS.