The economic case for improving legal outcomes for accused persons with cognitive disability: an Australian study. Issue 4 (December 2019)

• Record Type: Journal Article
• Authors: McCausland, Ruth; Reeve, Rebecca; Gooding, Piers
• Is Part Of: International journal of law in context. Volume 15:Issue 4(2019)
• Page Start: 367
• Page End: 389
• Publication Date: 2019-12
• Subjects: criminal law, -- social sciences, -- cognitive disability, -- cost–benefit analysis, -- Australia; 340.11505
• DOI: 10.1017/S1744552319000338
• Languages: English
• ISSNs: 1744-5523

Abstract

Abstract: People with cognitive disabilities face specific forms of discrimination and disadvantage in the criminal justice system, including in legal proceedings. While unfitness-to-stand-trial provisions are intended to assist in avoiding unfair trials, in application, such laws can exacerbate disadvantage. A recent research project sought to increase the participation of accused persons with cognitive disabilities in legal proceedings by developing, implementing and evaluating a model in which disability support workers were embedded in legal services in three Australian jurisdictions. This paper details the findings of a cost–benefit analysis undertaken of that model compared with the common outcomes for accused persons with cognitive disability, including a finding of unfitness to stand trial. The analysis provides evidence of how a tailored programme intervention at a critical point can provide savings in police, courts and custody costs in addition to improving the timeliness and quality of outcomes for people with cognitive disabilities.