Intellectually Disabled Offenders: A View From the Children's Court Bench (From Intellectually Disabled Offenders, P 81-83, 1987, Dennis Challinger, ed. -- See NCJ-109708)

• NCJ Number: 109714
• Author(s): R White
• Date Published: 1987
• Length: 3 pages
• Sale Source: Australian Institute of Criminology; National Institute of Justice/
• Language: English
• Country: Australia
• Note: For microfiche, see NCJ-109708.

Annotation

An Australian juvenile judge compares the rights of juveniles to those given to intellectually disabled (ID) adult offenders having the mental age of a juvenile.

Abstract

In Victoria, legislation mandates that a child under 8 years old is incapable of having criminal responsibility. A child between 8 and 14 years old must have an awareness of the wrongfulness of the act coupled with an intention to commit it. The same rights are not granted ID persons who may have mental ages within these ranges. Children under 14 years old can give unsworn testimony in court if the court is satisfied they do not understand the nature and consequences of taking the oath. There is still the possibility of perjury, but the penalty is less than that for willful perjury. This right is not granted ID adult offenders with a mental age in this range. Other rights granted juveniles but not ID offenders are a routine psychological assessment to determine intellectual ability and psychological needs, easy access to free legal representation, and a welfare approach to ID persons. Given the professional view that ID persons are adversely affected by imprisonment, courts should tailor dispositions of ID persons to their needs, as do juvenile courts.