Full Description
This thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform.
Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion.
Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.
Contents
Contents:
Foreword xi
PART I UNDERSTANDING AND RESPONDING TO
NEURODISABILITY
1 Neurodisability and the criminal justice system: a problem
in search of a solution 3
Gaye Lansdell, Bernadette Saunders, Anna Eriksson
2 Neurodisability: A criminal law doctrine that is not pure insanity 14
Amanda Pustilnik
3 A public law model for cognitive-communication risk 34
Joe Wszalek
4 Access to justice and the Convention on the Rights of
Persons with Disabilities (CRPD) - an Australian perspective 51
Penelope Weller
PART II NEEDS OF YOUNG PEOPLE WITH NEURODISABILITY
5 Dismantling barriers to justice for children affected by
neurodisability 73
Frances Sheahan, Nathan Hughes, Huw Williams,
Prathiba Chitsabesan
6 Neurodisability and trauma in children and young people
in contact with the law 92
Huw Williams, Leigh Schrieff, Nathan Hughes, James
Tonks, Prathiba Chitsabesan, Hope Kent
7 Protecting vulnerable child defendants in England and
Wales: a house of cards? 111
Shauneen Lambe and Kathryn Hollingsworth
8 Fetal alcohol spectrum disorder and the criminal justice system 136
Hayley Passmore and Sharynne Hamilton
PART III RESPONSES TO NEURODISABILITY
WITHIN THE CRIMINAL JUSTICE SYSTEM
9 What do lawyers really know about neurodisability?
Confusion, obfuscation and dereliction of duty 154
Gaye Lansdell, Bernadette Saunders, Anna Eriksson, Rebecca Bunn
10 Towards dignity: better court pathways for people with
lived experience of acquired brain injury 177
Magistrate Pauline Spencer
11 Neurodisability and the 'revolving' prison door: an
international problem viewed through an Australian lens 196
Anna Eriksson, Bernadette Saunders, Gaye Lansdell
12 An interdisciplinary call for action 214
Bernadette Saunders, Anna Eriksson, Gaye Lansdell
Index
