Abstract
Research shows that people with intellectual disability are over-represented in prison populations, and in the cohort of people presenting to lower courts in New South Wales. In comparison with their non-disabled counterparts, persons with intellectual disability in the criminal justice system are likely to be younger, and less often commit crimes requiring forethought and planning. Some criminal behaviour may be related to functional abilities, reasoning, and life experience. In the assessment process, it is necessary to obtain a meticulous description of the offence, and the client's motivations, thoughts, and feelings at the time of committing the act labelled as criminal. Clients with intellectual disability may be prejudiced by the lack of a pre-sentence report containing recommendations for alternative disposition, by a previous criminal record, by the offence ‘label’ appearing more serious than the act itself, and by lack of legal representation. Most people with intellectual disability in the crim...
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