عنوان انگلیسی مقاله:
A descriptive analysis of sentencing decisions by the Canadian criminal justice system of people with intellectual disabilities convicted with sexual offences
ترجمه فارسی عنوان مقاله:
تجزیه و تحلیل توصیفی از تصمیمات مجازات توسط سیستم عدالت کیفری کانادا برای افراد دارای ناتوانی ذهنی محکوم به جرایم جنسی
Sciencedirect - Elsevier - International Journal of Law and Psychiatry, 78 (2021) 101730: doi:10:1016/j:ijlp:2021:101730
This study reviews sentencing decisions of people diagnosed with intellectual disabilities who have been convicted of sexual offences by judges in Canada. Given the prevalence of people with intellectual disabilities managed within the criminal justice system (CJS), courts have increasingly been faced with issues concerning appropriate sentencing. In addition, many people with intellectual disabilities have complex social and medical backgrounds that require multidisciplinary perspectives to account for each person’s legal and moral culpability, which in turn influences sentencing decisions, including placement in prisons versus rehabilitation programs. The legal databases Canlii and LexisNexis Quicklaw were used to search full text judgements from Canadian courts for adults (over the age of 18) diagnosed with an intellectual disability and charged with a sexual offence. In total, 61 cases were included within the full-text review. These cases were analyzed based on the accuseds demographics, past social history, past medical history, current diagnoses, past criminal record, current charges, mitigating/aggravating factors, use of a Gladue report, sentence, and other pertinent information that contrib- uted to the final judgement. Recommendations on how to increase the effectiveness of the CJS in trying and sentencing people with intellectual disabilities are made based on the findings of this study.
Keywords: Psychiatry | Law | Intellectual Disability | Fetal alcohol spectrum disorder | Sexual offences | riminal justice system | Sentencing