A descriptive analysis of sentencing decisions by the Canadian criminal justice system of people with intellectual disabilities convicted with sexual offences

Abstract

This study reviews sentencing decisions of people diagnosed with intellectual disabilities who have been convicted of sexual offences by judges in Canada. Given the prevalence of people with intellectual disabilities managed within the criminal justice system (CJS), courts have increasingly been faced with issues concerning appropriate sentencing. In addition, many people with intellectual disabilities have complex social and medical backgrounds that require multidisciplinary perspectives to account for each person's legal and moral culpability, which in turn influences sentencing decisions, including placement in prisons versus rehabilitation programs. The legal databases Canlii and LexisNexis Quicklaw were used to search full text judgements from Canadian courts for adults (over the age of 18) diagnosed with an intellectual disability and charged with a sexual offence. In total, 61 cases were included within the full-text review. These cases were analyzed based on the accused's demographics, past social history, past medical history, current diagnoses, past criminal record, current charges, mitigating/aggravating factors, use of a Gladue report, sentence, and other pertinent information that contributed to the final judgement. Recommendations on how to increase the effectiveness of the CJS in trying and sentencing people with intellectual disabilities are made based on the findings of this study.

Keywords: Criminal justice system; Fetal alcohol spectrum disorder; Intellectual Disability; Law; Psychiatry; Sentencing; Sexual offences.