Definition of Intellectual Disability in Criminal Court Cases

2013 ◽  
Vol 51 (2) ◽  
pp. 117-121 ◽  
Author(s):  
J. Gregory Olley
Keyword(s):  
Intellectual Disability ◽  
Measurement Error ◽  
Adaptive Behavior ◽  
Supreme Court Decision ◽  
Criminal Court ◽  
Sociocultural Factors ◽  
Court Cases ◽  
Definition Of ◽  
Clear Objective

Abstract Definitions and associated descriptions of the condition now commonly known as intellectual disability serve many functions. The Atkins v. Virginia U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding and misinterpretation of such words as ability and cognitive, the importance of clarifying the role of measurement error and sociocultural factors, and the noncausal relationship between impairment in intelligence and adaptive behavior.

The Legal Context

2020 ◽  
pp. xii-20
Author(s):  
Antoinette Kavanaugh ◽  
Thomas Grisso
Keyword(s):  
Supreme Court ◽  
Criminal Court ◽  
Court Cases ◽  
Legal Concept ◽  
Life Without Parole ◽  
Legal Context ◽  
Juvenile Sentencing ◽  
Primary Focus ◽  
Developmental Analysis

The chapter begins with a brief introduction, describing the scope and types of evaluations for juvenile sentencing in criminal court, offering the reader relevant terminology and an introduction to the book’s purpose. The primary focus of the chapter is on the relevant law for these evaluations. It describes relevant U.S. Supreme Court cases, especially Miller v. Alabama, which abolished mandatory life without parole sentences for juveniles and required developmental analysis to inform juvenile sentencing, as well as Montgomery v. Louisiana, which required resentencing for persons previously receiving mandatory life without parole sentences as juveniles. Miller’s definitions for the standards to be applied in juvenile sentencing and resentencing are then introduced and discussed: the legal concept of “irreparable corruption” and the five “Miller factors” defining characteristics of immaturity relevant for sentencing. Finally, the chapter describes the legal process for juvenile sentencing, identifying the role of Miller evaluations within that process.

China, the Crime of Aggression, and the International Criminal Court

2014 ◽  
Vol 5 (1) ◽  
pp. 94-122 ◽  
Author(s):  
Dan ZHU
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Policy Preference ◽  
State Party ◽  
Legal Perspective ◽  
To Come ◽  
Definition Of

At the Kampala Review Conference in 2010, the adoption of the amendments to the Rome Statute laid the groundwork for the eventual prosecution of the crime of aggression. China, a non-State Party to the International Criminal Court, has articulated its concerns regarding the Court's jurisdiction over the crime of aggression in legal terms. This paper examines the Chinese concerns regarding the role of the Security Council in the determination of an act of aggression and the definition of aggression primarily from a legal perspective. It argues that China has hovered back and forth between two conflicting legal positions on these issues during different periods in history according to its policy preference. This paper also considers the concerns of China from a policy perspective before concluding that the crime of aggression should not be regarded as an insurmountable barrier preventing China's accession to the ICC in years to come.

scholarly journals THEORETICAL ASPECTS OF INTELLECTUAL DISABILITY - DEFINITION, CLASSIFICATION

2021 ◽  
Vol 14(63) (1) ◽  
pp. 247-252
Author(s):  
B.C. UNGUREAN ◽  
◽  
◽  
Keyword(s):  
Intellectual Disability ◽  
Motor Function ◽  
Adaptive Behavior ◽  
Intellectual Functioning ◽  
Practical Skills ◽  
Mental Functioning ◽  
Definition Of

The onset of intellectual disability is marked by impairment of all parts that contribute to an individual's intelligence, such as the functions of socialization, knowledge, speech, and motor function. Intellectual disability is also defined, involving significant limitations in both intellectual functioning and adaptive behavior, which cover many daily social, motor, and practical skills. The most commonly accepted definition of intellectual disability is that provided by AAIDD: “Intellectual disability is a disability characterized by significant reductions in both mental functioning and adaptive behavior, covering many daily social and practical skills. This disability originates before the age of 18.”

The Lost Kenyan Duel: The Role of Politics in the Collapse of the International Criminal Court Cases against Ruto and Kenyatta

2018 ◽  
Vol 18 (6) ◽  
pp. 1015-1047
Author(s):  
Daniel M. Mburu
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Final Part ◽  
Court Cases ◽  
The Third ◽  
Fourth Part ◽  
Election Violence

This article contributes to the debate concerning the International Criminal Court and politics by regarding the Court as a coliseum on whose floor the Prosecutor duels with the defendants of his/her choosing. It focuses on the Ruto and Kenyatta cases arising from the 2007/2008 post-election violence in Kenya. The article begins with a background to the post-election violence. The second part discusses Kenya’s initial efforts to halt the icc proceedings against the six suspects. The third part considers how Kenyatta and Ruto used the icc prosecutions against them to get elected to the country’s presidency. The fourth part discusses how Kenya’s non-cooperation with the Prosecutor and the recantation and withdrawal of witnesses led to the collapse of the Kenyatta and Ruto cases. The fifth and final part concludes by arguing that the Prosecutor lost the duel due to a political miscalculation which Kenyatta and Ruto used to their advantage.

Victims and Offenders

2019 ◽  
pp. 123-150
Author(s):  
George P. Fletcher
Keyword(s):  
International Criminal Court ◽  
The United States ◽  
Criminal Court ◽  
Private Life ◽  
European Convention ◽  
Criminal Cases ◽  
International Legal Order ◽  
Definition Of ◽  
The Right

This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.

Core dimensions of intellectual disabilities

2020 ◽  
pp. 207-215
Author(s):  
Anthony J. Holland
Keyword(s):  
Intellectual Disability ◽  
Life Experience ◽  
Explanatory Models ◽  
Functional Impairments ◽  
Functional Models ◽  
Full Participation ◽  
Heterogenous Population ◽  
Definition Of ◽  
Challenging Behaviours

The core dimensions that define what is meant when a person is said to have an ‘intellectual disability’ include evidence of intellectual and functional impairments and disabilities. They will have been first apparent in early childhood, with a significant delay in reaching key developmental milestones. This umbrella term, the definition of which has been refined over time, refers to a highly heterogenous population, given the multiple possible causes of intellectual disability, differences in severity, and the presence of other impairments and disabilities. Core dimensions of alternate definitions emphasize the role of education, life experience, and opportunities in optimizing the acquisition of skills and the identification and subsequent removal of barriers impeding development and full participation. Developmental, biomedical, and functional models inform our understanding of, and interventions for, the high prevalence rates of mental ill health and of challenging behaviours in this population. These different explanatory models guide the assessment and subsequent diagnostic formulation and interventions described in this chapter.

The African Court of Justice and Human Rights: A Judicial Curate’s Egg

2012 ◽  
Vol 9 (2) ◽  
pp. 383-449 ◽  
Author(s):  
Gino J Naldi ◽  
Konstantinos D. Magliveras
Keyword(s):  
Human Rights ◽  
Criminal Court ◽  
African Union ◽  
International Court Of Justice ◽  
Intergovernmental Organization ◽  
International Crimes ◽  
Court Of Justice ◽  
International Court ◽  
Definition Of

The present article analyzes the African Court of Justice and Human Rights, the proposed “main judicial organ of the African Union”. The African Court of Justice and Human Rights is meant to replace the African Court of Human and Peoples’ Rights and would therefore constitute a unique international judicial body combining the jurisdiction of the judicial organ of an intergovernmental organization with the jurisdiction of a regional human rights court. It shares features of the International Court of Justice and the Inter-American Court of Human Rights. In a highly contentious move detrimental to the role of the International Criminal Court, it is currently proposed to extend its jurisdiction over international crimes, the definition of which goes much further than that currently accepted by the international community, raising the prospect of conflicting obligations. The Court’s governing instruments are too ambitious and contain some significant flaws and the case for doing away with the now operational African Court of Human Rights and Peoples’ Rights seems unconvincing. Even though the Court has not yet been established, its structure and mandate do pose many challenging questions that deserve to be thoroughly investigated by drawing comparisons with the existing similar judicial organs in other international organizations.

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