This chapter outlines a socio-legal practice model for working with persons with intellectual disability who are accused of crime. Based on a case study, it raises questions about mens rea as a fair indicator for establishing culpability for crime. It demonstrates that disability intersects with class and gender; thereby aggravating socio-economic, legal and cultural exclusion during criminal justice processing. This compromises people’s access to social, criminal and/or victim justice. Using a rights-based perspective, the suggested model proposes accommodative provisions that are protective rather than penal within the justice system.

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A Model for Negotiating Access to Justice for the Disabled

  • Sharon Menezes,
  • Madhura Nagchoudhuri,
  • Saugata Hazra

摘要

This chapter outlines a socio-legal practice model for working with persons with intellectual disability who are accused of crime. Based on a case study, it raises questions about mens rea as a fair indicator for establishing culpability for crime. It demonstrates that disability intersects with class and gender; thereby aggravating socio-economic, legal and cultural exclusion during criminal justice processing. This compromises people’s access to social, criminal and/or victim justice. Using a rights-based perspective, the suggested model proposes accommodative provisions that are protective rather than penal within the justice system.