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Where am I now? Lawlink > Law Reform Commission > Publications > Select Bibliography

Discussion Paper 35 (1994) - People with an Intellectual Disability and the Criminal Justice System: Court and Sentencing Issues

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History of this Reference (Digest)


AMERICAN ASSOCIATION ON MENTAL RETARDATION Mental Retardation: Definition, Classification and Systems of Supports (9th ed, American Association on Mental Retardation, Washington DC, 1992)

ASHTON, G R and WARD A D Mental Handicap and the Law (Sweet & Maxwell, London, 1992)

ASHWORTH, A and GOSTIN, L “Mentally disordered offenders and the sentencing process” [1984] Criminal Law Review 195-212

AUSTRALIA. DISABILITY ADVISORY COUNCIL Report on the National Consultations with People with a Disability (AGPS, Canberra, 1991)

AUSTRALIA. LAW REFORM COMMISSION Children’s Evidence by Video Link (Report 63, 1992)

AUSTRALIA. LAW REFORM COMMISSION Evidence (Report 38, 1987)

AUSTRALIA. LAW REFORM COMMISSION Sentencing (Report 44, 1988)

AUSTRALIAN CAPITAL TERRITORY. THE COMMUNITY LAW REFORM COMMITTEE Victims of Crime (Report 6, 1993)

BAKER, E “Dangerousness, rights and criminal justice” (1993) 56 Modern Law Review 528-547

BLUGLASS, R BOWDEN, P and WALKER, N (eds) Principles and Practice of Forensic Psychiatry (Churchill Livingstone, Melbourne, 1990)

BRECKENRIDGE, J and CARMODY, M (eds) Crimes of Violence: Australian responses to rape and child sexual assault (Allen & Unwin, Sydney, 1992)

BRENNAN, M and BRENNAN, R E Strange Language: Child Victims Under Cross Examination (3rd ed, Charles Sturt University-Riverina, 1988)

BRIGHT, J “Intellectual disability and the criminal justice system: new developments” (1989) 63 Law Institute Journal 933-935

BRITON, J “Obtaining evidence from people with an intellectual disability - The right to be heard”, paper presented to the Fourth AAMR/ASSID National Conference on Intellectual Disability (Canberra, December 1988)

BROWN, B S and COURTLESS, T F The Mentally Retarded Offender (The President’s Commission on Law Enforcement and Administration of Justice, USA, 1971)

BROWN, H and SMITH, H Normalisation - A Reader for the Nineties (Tavistock/Routledge, London and New York, 1992)

CAHILL, R J “Intellectual disability and the criminal justice process”, paper presented at the Conference of Northern Territory Magistrates (Darwin, 30 August-1 September 1993)

CAMPBELL, I G Mental Disorder and Criminal Law in Australia and New Zealand (Butterworths, Sydney, 1988)

CANADA. LAW REFORM COMMISSION Mental Disorder in the Criminal Process (Report 5, 1976)

CARMODY, M “Invisible victims: Sexual assault of people with an intellectual disability” (1991) 17 Australia and New Zealand Journal of Developmental Disabilities 229-236

CASHMORE, J “The use of video technology for child witnesses” (1990) 16 Monash University Law Review 228-250

CHALLINGER, D (ed) Intellectually Disabled Offenders (Australian Institute Of Criminology, Seminar Proceedings 19, Canberra, 1987)

CLARKE, A M, CLARKE, A A B and BERG, J M (eds) Mental Deficiency - the Changing Outlook (Free Press, New York, 1985)

COCKRAM, J, JACKSON, R, and UNDERWOOD, R “Perceptions of the judiciary and intellectual disability” (1992) 18 Australia and New Zealand Journal of Developmental Disabilities 189-200

COCKS, E An Introduction to Intellectual Disability in Australia (Australian Institute on Intellectual Disability, Canberra, 1989)

COLEMAN, A It Doesn’t Mean I Can’t Do It: Expanding Options for Young People with a Mild Intellectual Disability (The YAR<>MID Project Report, Brisbane, 1994)

COMMITTEE ON THE RIGHTS OF PERSONS WITH HANDICAPS (The Bright Committee) The Law and Persons with Handicaps: Vol 2 - Intellectual Handicaps (South Australia, March 1981)

CONLEY, R W, LUCKASSON, R and BOUTHILET, G N (eds) The Criminal Justice System and Mental Retardation: Defendants and Victims (Paul H Brookes, Baltimore, 1992)

CORNISH, S Why Me? Understanding Intellectual Disability (Shirley Cornish, Australia, 1992)

CRAFT, M and CRAFT, A (eds) Mentally Abnormal Offenders (Bailliere Tindall, London, 1984)

CRIMINAL LAW OFFICERS COMMITTEE OF THE STANDING COMMITTEE OF ATTORNEYS-GENERAL Model Criminal Code: Chapter 2 - General Principles of Criminal Responsibility (Final Report, December 1992)

CROMBIE, G M Residential and Community Based Options for the remand and sentencing of intellectually disabled offenders in Victoria: a proposal from Harrison Youth Services (Harrison Youth Services, Discussion Paper, July 1988)

DENT, H and FLIN, R (eds) Children as Witnesses (John Wiley & Sons, Chichester, 1992)

DUDLEY, J R Living with Stigma: The Plight of the People Who We Label Mentally Retarded (Charles C Thomas, Springfield, Illinios, 1983)

ELLIS, J W “Decisions by and for people with mental retardation: balancing considerations of autonomy and protection” (1992) 37 (6) Villanova Law Review 1779-1809

ELLIS, J W “Presidential Address 1990: Mental retardation at the close of the 20th century: A new realism” (1990) 28 Mental Retardation 263-267

ENGLAND. HOME OFFICE Report of the Advisory Group on Video Evidence (Home Office, London, 1989) (the Pigot Report)

FEBEN, D The Right to be Heard - Obtaining Evidence From Intellectually Disabled People (Office of the Public Advocate, Victoria, Discussion Paper, August 1988)

FENBURY, A “Video Witnesses” (April 1994) 21 (3) The Law Society of Western Australia: Brief 19-20

FENNELL, P “Diversion of mentally disordered offenders from custody” [1991] Criminal Law Review 333-348

FENNELL, P “Vulnerable Witnesses” (June 1993) 90 (21) [Law Society’s] Gazette 23-24

FITZGERALD, R E and DOWNS-STONEY, D Prisoners who are known to the Authority for Intellectually Handicapped Persons - A Review (Department of Corrective Services, Western Australia, Policy Planning & Review, February 1987)

FLOUD, J “Dangerousness and criminal justice” (1982) 22 British Journal of Criminology 213-228

FOX, R G “Sentencing the mentally disordered offender” (1986) 60 Law Institute Journal 416-421

FREIBERG, A “‘Out of mind, out of sight’; The disposition of mentally disordered persons involved in criminal proceedings” (1976) 3 Monash University Law Review 134-172

FYFFE, C and THOMSON, D “The impact of misleading post-event information on the memory for events of people with intellectual disabilities” (1991) 5 (4) National Council on Intellectual Disability: Interaction 42-46

GERULL, S and LUCAS, W (eds) Serious Violent Offenders: Sentencing, Psychiatry and Law Reform (Australian Institute of Criminology, Conference Proceedings 19, Canberra, 1993)

GETHING, L “Generality vs specificity of attitudes towards people with disabilities” (1991) 64 British Journal of Medical Psychology 55-64

GLASER, W “When the law won’t lock them up” (1992) 17 Alternative Law Journal 300-301

GOLDHAR, J “People with intellectual disabilities and the criminal justice system” (1989) 63 Law Institute Journal 856-857

HAYES, R “Mental retardation: Criminal responsibility” (1982) 7 Legal Service Bulletin 170-173

HAYES, S C “Homicide and intellectually disabled offenders” in H Strang and S Gerull (eds) Homicide: Patterns, Prevention and Control (Australian Institute of Criminology, Conference Proceedings 17, Canberra, 1993)

HAYES, S C “Intellectually disabled defendants - characteristics and psychological assessment”, paper presented at the First International Congress of the European Medical Association The Mentally Retarded in the 2000’s Society (Rome, 23-26 March 1994)

HAYES, S C “Mental retardation: Criminal justice” (1982) 7 Legal Service Bulletin 168-170

HAYES, S C “Mentally disabled prisoners - Planning resources” in S McKillop (ed) Keeping People out of Prison (Australian Institute of Criminology, Conference Proceedings 11, Canberra, 1991)

HAYES, S C “Pilot Prison Programmes”, paper presented at the seminar Meeting the Challenge: Helping People with Developmental Disabilities and Challenging Behaviour (University of Sydney, 22-23 August 1991)

HAYES, S C “Prosecutorial discretion and mentally abnormal offenders” in I Potas (ed) Prosecutorial Discretion (Australian Institute of Criminology, Seminar Proceedings 6, Canberra, 1984)

HAYES, S C “Sex Offenders”, paper presented at the seminar Meeting the Challenge: Helping People with Developmental Disabilities and Challenging Behaviour (University of Sydney, 22-23 August 1991)

HAYES, S C “Sexual violence against intellectually disabled victims” in P W Easteal (ed) Without Consent: Confronting Adult Sexual Violence (Australian Institute of Criminology, Conference Proceedings 20, Canberra, 1993)

HAYES, S C “The accused with an intellectual disability - Fitness and sentencing”, paper presented at the Public Defenders’ Seminar (Sydney, 14 May 1992)

HAYES, S C “The challenge of intellectually disabled offenders in gaol”, paper presented at the conference Changing Realities - 4th Joint National Conference on Intellectual Disability (Canberra College of Advanced Education, 6-9 December 1988)

HAYES, S C “Reducing over-representation of people with intellectual disability in the criminal justice system”, paper presented at the Edith Cowan University Challenge Seminar (Perth, 15th October 1993)

HAYES, S C and CRADDOCK, G Simply Criminal (2nd ed, Federation Press, Sydney, 1992)

HAYES, S C and HAYES, R Mental Retardation: Law Policy and Administration (Law Book Co, Sydney, 1982)

HAYES, S C and McILWAIN, D The Prevalence of Intellectual Disability in the New South Wales Prison Population: An Empirical Study (November 1988)

HEWITT, S E K “The abuse of de-institutionalised persons with mental handicaps” (1987) 2 (2) Disability, Handicap and Society 127-135

HUDD, R and TIMMERS, J Borderline and Mild Intellectually Disabled People: The Neglected Group For Services (Sydney City Mission, Discussion Paper, November 1992)

HUNTER, J “Unreliable memoirs and the accused: Bending and stretching hearsay - Part 1” (1994) 18 Criminal Law Journal 8-28

IERACE, M Intellectual Disability: A Manual for Criminal Lawyers (Redfern Legal Centre Publishing, Sydney, 1989)

JACKSON R, COCKRAM J and UNDERWOOD R “Intellectual disability and the law: noticing the negative and ignoring the obvious”, paper presented at the conference Disability Discrimination and Justice (Griffith University, Queensland, November 30 - December 2 1992)

JOHNSON, K, ANDREW, R and TOPP, V Silent Victims: A Study of People with Intellectual Disabilities as Victims of Crime (Office of the Public Advocate, Victoria, 1988)

JONES, J Out of Sight, Out of Mind (The South Australian Branch of Disabled Peoples’ International Inc, Adelaide, 1990)

JONES, G P and COOMBES, K The Prevalence of Intellectual Deficit among the Western Australian Prison Population (Department of Corrective Services, Western Australia, October 1990)

JUVENILE JUSTICE ADVISORY COUNCIL OF NSW Future Directions for Juvenile Justice in New South Wales (Green Paper, 1992)

MacFARLANE, P J M “Unfitness to be tried for an offence” (1987) 11 Criminal Law Journal 67-77

MALS, P, and GRANTHAM, G “Queensland boards a sinking ship: New dangerous offenders legislation” (1993) 18 Alternative Law Journal 17-20

MARCHETTI, A G and McCARTNEY, J R “Abuse of persons with mental retardation: Characteristics of the abused, the abusers, and the informers” (December 1990) 28 Mental Retardation 367-371

McCONVILLE, M Corroboration and Confessions: The Impact of a Rule Requiring that no Conviction can be Sustained on the Basis of Confession Evidence Alone (Royal Commission on Criminal Justice, HMSO, London, 1993)

McCORMACK, B “Sexual abuse and learning disabilities” (1991) 303 British Medical Journal 143-144

NATIONAL COUNCIL ON INTELLECTUAL DISABILITY The Rights of People with Disabilities: Areas of Need for Increased Protection (Discussion Paper, 1988)

NEW SOUTH WALES CHILD PROTECTION COUNCIL Out-Of-Court Videotaping Of The Statements Of Children Who Are The Victims Of Child Sexual Assault In New South Wales (Discussion Paper, 1987)

NEW SOUTH WALES CHILD PROTECTION COUNCIL Position Paper on the Use of Closed-Circuit Television for Child Witnesses (January 1994)

NEW SOUTH WALES. MENTAL HEALTH ACT IMPLEMENTATION MONITORING COMMITTEE Report to the Honourable R A Phillips Minister for Health on the NSW Mental Health Act 1990 (New South Wales Parliamentary Paper 275, August 1992)

NEW SOUTH WALES. ATTORNEY GENERAL’S CRIMINAL LAW REVIEW DIVISION The Intellectually Disabled in the Criminal Justice System (Issues Paper, 1991)

NEW SOUTH WALES. COUNCIL FOR INTELLECTUAL DISABILITY Glossary on Intellectual Disability (1989)

NEW SOUTH WALES. COUNCIL FOR INTELLECTUAL DISABILITY A Decent Life (Policy Statement, New South Wales Council for Intellectual Disability, June 1988)

NEW SOUTH WALES. DEPARTMENT OF COMMUNITY SERVICES Brain Injury: What is it all about? (July 1993)

NEW SOUTH WALES. DEPARTMENT OF COMMUNITY SERVICES Procedures for responding to Sexual Assault of Adults with an Intellectual Disability in Accommodation and Community Support Services (1991)

NEW SOUTH WALES. DEPARTMENT OF FAMILY AND COMMUNITY SERVICES Report from the working party on services to young persons with intellectual disabilities in the juvenile justice system (Juvenile Justice Unit, 1989)

NEW SOUTH WALES. INTER-DEPARTMENTAL COMMITTEE ON INTELLECTUALLY HANDICAPPED ADULT OFFENDERS IN NEW SOUTH WALES, AUSTRALIA The Missing Services (Departments of Corrective Services and Youth and Community Services, Report, 1985)

NEW SOUTH WALES. JUSTICE ADMINISTRATION RESEARCH GROUP (JARG) Caught in the System: Forensic patients in NSW (Sydney, March 1987)

NEW SOUTH WALES. VICTIMS COMPENSATION TRIBUNAL The Review of the Victims Compensation Act (Attorney General’s Department, Sydney, March 1993)

NEW SOUTH WALES. WOMEN’S CO-ORDINATION UNIT Sexual Assault of People with an Intellectual Disability (Final Report, 1990)

NICHOLSON, R D “The courts and people with an intellectual disability” (1993) 23 Western Australian Law Review 347-351

OSMAN, L M Finding New Ways: A Review of Services to the Person with Intellectual Disability in the Victorian Criminal Justice System (Office of the Public Advocate, Victoria, December 1988)

PAPALEO, L A “The mentally retarded and the criminal justice system” (1985) 59 Law Institute Journal 947-951

PERSKE, R Unequal Justice? (Abingdon Press, Nashville, 1991)

PHILPOT, J Towards Normalisation: People with Intellectual Disability involved in the South Australian Criminal Justice System (Court Services Department, South Australia, 1991)

POTAS, I Just Deserts for the Mad (Australian Institute of Criminology, Canberra, 1992)

PRINS, H Dangerous Behaviour, the Law, and Mental Disorder (University Press, Cambridge, 1986)

REDFERN LEGAL CENTRE, INTELLECTUAL DISABILITY RIGHTS SERVICE Legal Rights Teaching Kit: a course for people with a learning difficulty or an intellectual disability Klause, J and Rauch, A (eds) (Redfern Legal Centre Publishing, 1990)

REDFERN LEGAL CENTRE, INTELLECTUAL DISABILITY RIGHTS SERVICE Questions of Rights: A guide to the law and rights of people with an intellectual disability (Redfern Legal Centre Publishing, 1992)

REED, E F “Legal rights of mentally retarded offenders: Hospice and habilitation” (1989) 25 Criminal Law Bulletin 411-443

ROGERS, L “New rules on evidence for the under 12s” (April 1991) 29 (3) Law Society Journal 48-49

ROSSER, K “A particular vulnerability” (February 1990) 15 (1) Legal Service Bulletin 32-34

ROSSER, K “Sexual Assault: Vulnerability of people with an intellectual disability” (1989) 3 (4) National Council on Intellectual Disability: Interaction 23-28

RUSSELL, T and BRYANT, C A “The effects of a lecture training program and independent study on the knowledge and attitudes of law students toward the mentally retarded offender” (Spring/Summer 1987) 11 (2) Journal of Offender Counselling, Services and Rehabilitation 53-66

SALES, B D, POWELL, D M and VAN DUIZEND, R Disabled Persons and the Law (Plenum, New York, 1982)

SANTAMOUR, M and WEST, B The Mentally Retarded Offender and Corrections (National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, US Department of Justice, Washington, August 1977)

SANTAMOUR, M and WEST, B Retardation and Criminal Justice: A Training Manual for Criminal Justice Personnel (New Jersey Association for Retarded Citizens, September 1979)

SCANNELL, M “Acting for a client with an intellectual disability: How to provide the best service”, paper presented at the National Community Legal Centres Conference (Canberra, 1992)

SCOTTISH LAW COMMISSION Report on the Evidence of Children and Other Potentially Vulnerable Witnesses (Report 125, 1990)

SIGELMAN, C K, BUDD, E C, SPANHEL, C L and SCHOENROCK, C J “When in doubt, say yes: acquiescence in interviews with mentally retarded persons” (1981) 19 Mental Retardation 53-58

SIMPSON, J :”A visit to four gaols” (1989) 3 (3) National Council on Intellectual Disability: Interaction 11-12

SIMPSON, J “Acting for a client with an intellectual disability: what solicitors need to know” (April 1987) 25 Law Society Journal 42-46

SIMPSON, J Sexual Assault Laws and People with an Intellectual Disability (Redfern Legal Centre Intellectual Disability Rights Service, unpublished paper, 6 July 1987)

SIMPSON, J “The law and intellectually disabled people - some casework experience” (April 1984) CID Today 5-8

SOUTH AUSTRALIA White Paper on the Courtroom Environment and Vulnerable Witnesses (November, 1992)

SUTCLIFFE, J Adults with learning difficulties: Education for choice & empowerment (The National Institute of Adult Continuing Education in association with The Open University Press, 1991)

TASMANIA. LAW REFORM COMMISSIONER Child Witnesses (Report 62, 1989)

THARINGER, D, BURROWS HORTON, C, and MILLEA, S “Sexual abuse and exploitation of children and adults with mental retardation and other handicaps” (1990) 14 Child Abuse and Neglect 301-312

THE ROEHER INSTITUTE No More Victims: a manual to guide the legal community in addressing the sexual abuse of people with a mental handicap (The Roeher Institute, Ontario, 1992)

TOMASIC, R “The Dangerousness of Dangerousness”, paper presented at the seminar The Dangerous Offender - Prediction and Assessment (Institute of Criminology, University of Sydney, 20 July 1977)

VICTORIA. LAW REFORM COMMISSION Mental Malfunction and Criminal Responsibility (Report 34, October 1990)

VICTORIA. LAW REFORM COMMISSION Sexual Offences Against People with Impaired Mental Functioning” (Report 15, 1988)

VICTORIA. LAW REFORM COMMISSION The Concept of Mental Illness in the Mental Health Act 1986" (Report 31, 1990)

VICTORIA. OFFICE OF THE PUBLIC ADVOCATE Finding the Way: the Criminal Justice System and the person with Intellectual Disabilities (Office of the Public Advocate, Victoria, 1987)

VICTORIA. PARLIAMENT. SOCIAL DEVELOPMENT COMMITTEE Inquiry into Mental Disturbance and Community Safety (Interim Report, 1990; Second Report, March 1992; Third Report, April 1992; Fourth and Final Report, August 1992)

VICTORIAN SENTENCING COMMITTEE Sentencing - Volume 2 (Victorian Attorney General’s Department, Melbourne, April 1988)

WALTERS C D “The probation experience for adult retarded offenders” in Santamour M and Watson P The Retarded Offender (Praeger Publishers, New York, 1982)

WESTCOTT, H L “The disabled child witness” paper presented at the conference The Child Witness in Context: Cognitive, Social and Legal Perspectives (Lucca, Italy, 20-31 May, 1992)

WESTERN AUSTRALIA. LAW REFORM COMMISSION The Criminal Process and Persons Suffering from Mental Disorder (Report 69, 1991)

WESTERN AUSTRALIA. LAW REFORM COMMISSION The Evidence of Children and Other Vulnerable Witnesses (Report 87, 1991)

WESTERN AUSTRALIA. Persons With An Intellectual Disability: Guidelines for Associates, Orderlies And Security Officers (December 1992)

WESTERN AUSTRALIA. Persons With An Intellectual Disability: Issues For Consideration of Judges and Magistrates (December 1992)

WESTERN AUSTRALIA. Questions of Balance: Criminal Law and People with Intellectual Disabilities, (Conference Proceedings, Perth, Western Australia, July 1990)

WILLIAMS, C R “Psychopathy, mental illness and preventive detention: issues arising from the David Case” (1990) 16 Monash University Law Review 161-183

WILSON, C The Incidence of Crime Victimization among Intellectually Disabled Adults: (Final Report, National Police Research Unit, 1990)

WOOD, D “Dangerous offenders, and the morality of protective sentencing” [1988] Criminal Law Review 424-433


Terms of reference | Participants | Submissions | Executive summary | Provisional proposals for reform
Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5
Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9
Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13
Appendix A | Appendix B | Appendix C
Select bibliography

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