scholarly journals Psychiatric defence of a Nigerian minor with intellectual disability and co-morbid mental illness: An exploration into legal grounds

Temida ◽  
2020 ◽  
Vol 23 (2) ◽  
pp. 229-239
Author(s):  
Oluyemi Akanni ◽  
Nosa Igbinomwanhia

People with intellectual disability and co-morbid serious mental illness are sometimes involved as perpetrators of an offence and suffer exploitation in the criminal justice system. Understanding the link between mental illness and crime and the experience of an accused deserves attention because it may be essential in the administration of justice. The subject of this paper is the experience of a 17-year-old boy, suffering from both intellectual disability and schizophrenia, who was accused of theft and charged to court. The aim is to show how psychiatric services can be helpful in the disposal of court sentences for a minor. The relationship between his mental illness (with a focus on intellectual disability) and crime, and potential victimization in the criminal justice system is discussed. We advocate for awareness on the part of the legal system in the protection of people with intellectual disability from being victimized and recommend the need for psychiatric service to educate the court on the stringent application of the insanity rule.

2006 ◽  
Vol 29 (5) ◽  
pp. 386-396 ◽  
Author(s):  
Vivienne Catherine Riches ◽  
Trevor Reginald Parmenter ◽  
Michele Wiese ◽  
Roger James Stancliffe

2017 ◽  
Vol 3 (1) ◽  
pp. 89-112
Author(s):  
Harrison O Mbori

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.


2006 ◽  
Vol 188 (6) ◽  
pp. 541-546 ◽  
Author(s):  
Barbara Barrett ◽  
Sarah Byford ◽  
Prathiba Chitsabesan ◽  
Cassandra Kenning

BackgroundThe full costs of accommodating and supporting young people in the criminal justice system are unknown. There is also concern about the level of mental health needs among young offenders and the provision of appropriate mental health services.AimsTo estimate the full cost of supporting young people in the criminal justice system in England and Wales and to examine the relationship between needs, service use and cost.MethodCross-sectional survey of 301 young offenders, 151 in custody and 150 in the community, conducted in six geographically representative areas of England and Wales.ResultsMental health service use was low despite high levels of need, particularly in the community Monthly costs were significantly higher among young people interviewed in secure facilities than in the community ($4645 v. $ 1863; P < 0.001). Younger age and a depressed mood were associated with greater costs.ConclusionsYoung people in the criminal justice system are a significant financial burden not only on that system but also on social services, health and education. The relationship between cost and depressed mood indicates a role for mental health services in supporting young offenders, particularly those in the community.


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