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Chapter 22 - Forensic Neurodevelopmental Disabilities: A Perspective from Ontario, Canada on Pathways and Services

from Section 3 - Criminal Justice Pathways and Legal Issues

Published online by Cambridge University Press:  18 May 2023

By
Voula Marinos ,
Lisa Whittingham ,
Jessica Jones  and
Richard D. Schneider
Edited by
Jane M. McCarthy ,
Regi T. Alexander  and
Eddie Chaplin
Jane M. McCarthy
Affiliation:
Sussex Partnership NHS Foundation Trust and University of Auckland
Regi T. Alexander
Affiliation:
Hertfordshire Partnership University NHS Foundation Trust and University of Hertfordshire
Eddie Chaplin
Affiliation:
Institute of Health and Social Care, London South Bank University
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Summary

Using two composite case studies the following chapter outlines the intersection of legal and forensic pathways to justice for persons with developmental disabilities in Ontario, Canada. Their pathways include a number of junctures where decision making by different stakeholders across sectors is required pertaining to legal determinations of either criminal fitness to stand trial and culpability as well as the health care presence of a contributory mental illness or disorder. Despite having similar profiles, people with developmental disabilities can have vastly different access, processes, and outcomes depending upon a number of variables including legal factors such as the severity of the offence and offence history; and extralegal factors including support network, discretion of multiple decision makers, legal resources and jurisdiction. The pathways recognise the importance and need for ensuring equitable and therapeutic justice for such individuals.

Keywords

developmental disabilitiescriminal justice systemforensic systemdiversion; pathwaysOntarioCanada
Type
Chapter
Information
Forensic Aspects of Neurodevelopmental Disorders
A Clinician's Guide
 , pp. 265 - 276
Publisher: Cambridge University Press
Print publication year: 2023

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References

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