Supported Decision-Making in Criminal Proceedings: A Sociolegal Empirical Study. (June 2023)

• Record Type: Journal Article
• Authors: Gooding, Piers; McSherry, Bernadette; Arstein-Kerslake, Anna
• Is Part Of: Journal of disability policy studies. Volume 34:Number 1(2023)
• Page Start: 28
• Page End: 38
• Publication Date: 2023-06
• Subjects: law/legal issues -- civil rights -- system(s) change; People with disabilities -- Government policy -- Periodicals; People with disabilities -- Services for -- Periodicals; People with disabilities -- Government policy -- United States -- Periodicals; People with disabilities -- Services for -- United States -- Periodicals; 362.4097305
• DOI: 10.1177/10442073211026332
• Languages: English
• ISSNs: 1044-2073

Abstract

This article outlines a project in which supported decision-making (SDM) and broader support to exercise legal capacity were provided to accused persons with cognitive disabilities in the Australian criminal justice system. The program was developed to advance the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to "unfitness to plead" laws. The researchers collaborated with three community legal services in three Australian jurisdictions. Four nonlegal "disability support people" were trained to work with accused persons alongside legal counsel to maximize their participation in the trial process and avoid the need for unfitness to plead determinations under current laws. The article draws on qualitative research conducted in the form of interviews with clients, lawyers, and support persons. The findings provide an evidence base for implementing SDM for persons with disabilities in the criminal justice system. It also helps answer the question of whether unfitness to plead laws should be repealed in pursuit of a "universally accessible" justice system in line with the CRPD.