The Application of Judicial Processes for Individuals With Disabilities
Year: 2024
Type: article
Abstract: This study aims to examine the application of judicial processes for individuals with disabilities. The research method employed is normative legal research. The findings of this study are as follows: The implementation of criminal sentencing for offenders with special needs often requires adjustments to ensure fairness. The judicial system typically considers these special needs, such as accessibility or more humane treatment, and may offer alternative sentences or specialized care to safeguard their well-being throughout the legal process. In applying criminal penalties to offenders with disabilities, it is advisable to use a normative descriptive method, which involves collaboration between judges and psychiatrists. Psychiatrists determine the presence of a mental illness, while judges evaluate whether this illness affects the individual's capacity to be held criminally responsible for their actions. The normative method assesses whether the defendant is able to understand that their actions are wrongful or contrary to the law.
Authors: Rahayu L., Sugiri B., Aprilanda N., Endrawati L.
Institution: University of Brawijaya
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7063763108
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