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The economic case for improving legal outcomes for accused persons with cognitive disability: an Australian study

Published online by Cambridge University Press:  13 June 2019

Ruth McCausland Open the ORCID record for Ruth McCausland [Opens in a new window] ,
Rebecca Reeve  and
Piers Gooding
Ruth McCausland*
Affiliation:
Senior Research Fellow, School of Social Sciences, UNSW Sydney
Rebecca Reeve
Affiliation:
Senior Research Fellow, School of Social Sciences, UNSW Sydney
Piers Gooding
Affiliation:
Research Fellow, Melbourne Social Equity Institute and the Melbourne Law School, University of Melbourne
*
*Corresponding author. E-mail: ruth.mccausland@unsw.edu.au
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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.

Keywords

criminal lawsocial sciencescognitive disabilitycost–benefit analysisAustralia
Type
Article
Information
International Journal of Law in Context , Volume 15 , Issue 4 , December 2019 , pp. 367 - 389
Copyright
Copyright © Cambridge University Press 2019

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