NCJ Number
109713
Date Published
1987
Length
11 pages
Annotation
This paper advises defense attorneys in New South Wales, Australia, on how to deal with intellectually disabled (ID) offenders in interviews, as witnesses, in bail applications, in prosecution decisions, and in the use of expert witnesses.
Abstract
In attempting to obtain an accurate statement on the events at issue, the attorney should interview the client as soon as possible after the events to obtain a full statement. Accuracy is best served by simply asking the ID person to recount what happened. Leading or pointed questions should not be asked. In the context of police interrogations, the defense attorney should ensure that the client understands the right to remain silent. ID clients require thorough preparation close to the time they are to testify in court. In seeking bail and pretrial release, attorneys should bring to the court's attention the consequences of detention for ID persons and the importance of the ID person's being free to consult extensively with the attorney. Prosecutors should be made aware of the ID person's limitations so this can be considered in the decision whether or not to prosecute. Consideration of the competence of the ID person to be a witness should focus on the ability to swear an oath and the level of intellect required to function within the parameters of court witness requirements. A clinical psychologist is the appropriate expert witness on matters pertaining to the client's disability. 6 references and a 3-item case table.