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People with disabilities as suspects in criminal cases: Focus on human rights

The project examines how human rights of people with intellectual disabilities are safeguarded as suspects in criminal cases.

Arrested man with his hands handcuffed behind his back. The image is dark and shows only the hands and back of the man.

Photo: Shutterstock

About the project

People with intellectual disabilities (ID) may experience problems understanding and being understood when they are in contact with the police and criminal justice system. Suspects with ID are “vulnerable” in the sense that, compared to non-disabled suspects, they are less likely to understand information about the caution and legal rights, and more likely to make decisions that would not protect their rights. Communication difficulties can increase the risk of giving incorrect information and falsely confessing to criminal offences. A danger that they will be charged and convicted on the wrong basis, is therefore present. The UN Convention on the Rights of Persons with Disabilities requires access to the legal system. We know little about how suspects experience the encounter with the police. We also know little about how police officers act when dealing with people with ID, and whether they pick up on the suspect's need for facilitation.

Method

Through interviews with people who are suspects, interviews with both individual and focus group interviews of police officers, this research project will provide increased knowledge on these questions.

Objectives

The project will contribute to knowledge about how human rights for suspects with ID are fulfilled in practice, what challenges must be solved, how the need for facilitation can be detected, and how the need for facilitation can be accounted for in criminal cases.

Project period

The project runs from 2023 to 2026.

Financing

The project is financed by The Research Council of Norway and Norwegian Directorate for Children, Youth and Family Affairs.

Published Sep. 7, 2023 11:37 PM - Last modified June 3, 2024 11:37 AM