Rethinking criminal responsibility from a critical disability perspective
The abolition of insanity/incapacity acquittals and unfitness to plead, and beyond
Bibliographic Data
| ID | 14971107 |
|---|---|
| Authors | Tina Minkowitz (0000-0002-0350-8905, Physicians for Human Rights, corresponding author) |
| Year | 2014 |
| Volume | 23 |
| Issue | 3 |
| Pages | 434-466 |
| Publication date | 2014-07-03 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2014.1013177 |
| OpenAlex | W2076886004 |
| Language | EN |
| Citations received | 13 |
| References cited | 4 |
Viewed from a critical disability perspective, criminal responsibility requires both formal and substantive equality. This article examines criminal responsibility using provisions of the Convention on the Rights on Persons with Disabilities (CRPD) on equal recognition before the law, access to justice, liberty and security of the person, and equality and non-discrimination. In light of the CRPD, declarations of unfitness to plead, the negation of criminal responsibility based on disability or alleged incapacity, as well as commitment to psychiatric institutions in either a civil or criminal context, are discriminatory measures contrary to the rights of persons with disabilities, and must be abolished. Beyond abolition, which will achieve formal equality, this article proposes an inclusively designed framework that may meet the need for substantive equality between persons with disabilities and others in the adjudication of criminal responsibility
Adjudication · Context (archaeology · Convention on the Rights of Persons with Disabilities · Criminal justice · Criminal law · Criminal responsibility · Diminished responsibility · Human rights · Political science · Sociology · Criminal Justice and Corrections Analysis · Healthcare Decision-Making and Restraints · Law · Psychopathy, Forensic Psychiatry, Sexual Offending
Reforming the insanity defence in Ireland to comply with the Convention on the Rights of Persons with Disabilities
Vulnerable Capacity. Notes on a Quiet Legal Revolution
Remodelling criminal insanity
The insanity defence without mental illness? Some considerations
Young people with cognitive disabilities and overrepresentation in the criminal justice system
Laws on unfitness to stand trial and the UN Convention on the Rights of Persons with Disabilities
State intervention in the lives of people with disabilities
The economic case for improving legal outcomes for accused persons with cognitive disability
Recognising legal capacity
Crime media as cinematic “freak show”
Unfitness to stand trial and the social model of disability
Mental capacity and states of exception
Cripping criminology
| Unique citing works | 13 |
|---|---|
| Citations per year | 1,18 |
| Citation span | 2015 - 2026 (12) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 13 |