Introduction
According to the Diagnostic and Statistical Manual of Mental Disorders [DSM-5] (American Psychiatric Association, 2013), anyone diagnosed with “autistic disorder, Asperger’s disorder, childhood disintegrative disorder, or the catch-all diagnosis of pervasive developmental disorder not otherwise specified” (p. 1) meets the criteria of having an Autism Spectrum Disorder [ASD]. Individuals with ASD commonly possess communication deficits and have difficulty in building relationships with peers. Communication deficits include interruptions or inappropriate responses during conversations and misinterpreting nonverbal interactions. These individuals may also develop an overdependence on routines, high sensitivity to environmental change,
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There is still room for improvement when factors, such as assessing whether the individual has ASD and gauging the severity of the ASD, are taken into account.
This essay therefore seeks to discuss the considerations, or lack thereof, given to persons with ASD, during police investigation and the criminal trial process in Singapore. The various viewpoints that will be covered are that of a victim, witness, suspect, and an accused person. This will be explained in terms of how the various individuals have behaviour that will significantly affect the police investigation and criminal trial process. Following that, the considerations that have been given or should have been given will be laid out, with reference to the behaviour impact on the investigation trial process.
Behavioural Impact on Police Investigation and Criminal Trial
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The HASI test makes use of simple puzzles e.g. a maze to allow an Investigation Officer easy identification of a potential PWID. This test is not meant to act as any concrete assessment, but rather to aid the Investigating Officer in deciding whether to refer the individual for further assessment by a professional or to proceed with sensitivity during the interview.
Another consideration is the Appropriate Adult [AA] Scheme that was launched in 2013. As aforementioned, persons with ASD often experience difficulty with regard to communication. Therefore the AA Scheme seeks to address this issue allowing an AA to sit in when a PWID’s statement is being recorded down by the Investigating Officer. The AA’s role is to aid in facilitating the interview, so that the PWID can communicate more effectively with the police officer. This ensures that there is no misunderstanding on either side, and allow the Investigating Officer to record more reliable statements. Another aspect of this scheme is how the AAs are chosen. The criteria l were that AAs should (a) not be family members of the PWID being questioned, (b) have adequate experience in communicating with PWID, and (c) be available when called to attend an
The criminal justice process and the criminal court system go hand in hand. The criminal justice process is a sequence of events that a person who is accused of a felony will progress through. This process varies from state to state or jurisdiction and varies according to the seriousness of a crime or whether the accused is a juvenile or an adult. Generally, the criminal justice process involves several specific stages; however, not every case will include each stage or even follow a certain sequence. According to Matthew Lippman’s Essential Criminal Law (2014), these stages include:
The author emphasises a unique approach to each individual who falls on the spectrum because each problem can be approached numerous ways to find a proficient solution. The author advocates that each individual experiencing ASD find a program or learning approach that works favorably for them. Siegel denotes that no two educational programs or teaching methods are the same, nor is there any program that is more effective than the other. When choosing a program, one must consider personal ability, necessary accommodations, and whether or not the curriculum is developmentally appropriate.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
The U.S. recognizes the right to jury trial in virtually all criminal cases, including misdemeanor and felony. Twelve members make up a jury. The Sixth Amendment guarantees anyone facing a penalty of no less than six months imprisonment a jury trial. In reality, the Sixth Amendment does entitle the defendant to a jury trial if their offense is punishable by a period of below six months imprisonment. A jury trial helps to check or test out unfetthered prosecutorial power (Ward 83). Prosecutors must decide how and what to charge the defendant while considering that a jury will eventually decide their case upon presenting the evidence. In most cases, prosecutors have enormous powers when making a decision about charging a defendant with a criminal
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
This stage is an examination of potential jurors to ensure a fair trial for the defendant. Ideally, voir dire will result in an impartial jury for the trial of the accused. On March 4, 2004 jury selection began for the trial of Scott Peterson. Nearly 100 potential jurors began answering questionnaires about their views on the death penalty and their opinions on extramarital affairs. The nearly 30-page questionnaire given to prospective jurors also included questions as whether they read Field and Stream, what stickers grace their car bumpers and whether they have lost a child. On April 14, 2004 Judge Alfred A. Delucchi dismissed an unidentified Redwood City woman after a brief meeting in his chambers. Defense attorney Mark Geragos two weeks early had accused the retired secretary of bragging to her friends on a bus trip to Reno, Nevada, that she has "passed the test" to get on Peterson's jury and that Peterson was "guilty as hell" and would "get what's due him." May 28, 2004 six men and six women were selected for Scott Peterson's murder trial all said they would be willing to sentence him to death if they convict him of killing his wife and the couple's fetus.
As previously illustrated, reasonable grounds are subjective to the individual and their interpretation, which then instills their judgment. This sampling process is based off of the formulation of reasonable grounds to believe that a offence has or is being committed. Discretion is absolutely essential within this procedure as the staff must make decision on whether to act or not based on whether the elements of reasonable grounds were met or not. Given the inability to establish a foolproof illustration on every situation of what does or does not constitute as reasonable grounds, the concept can be vague. Due to this, is it up to the discretion of the staff to decipher whether the elements are met and can lawfully demand this sample. In addition, they must utilize discretion when deciding there is inadequate evidence and demanding a sample would greatly violate the offenders Charter Rights, whether this violation would be apparent or
The topic of capital punishment has been the subject of debate for many years as it should be on the minds of society. A society that seek to found justice for the victim who lost their lives at the hand of another human beings. The critics of capital punishment would argue that the government has over reached it authority and have sought to judge in God stead. However, the advocates of capital punishment will argue that many nations whether modern or ancient has used capital punishment as a method of justice.
Autism is a form of neurodevelopment disorder in the autism spectrum disorders. It is characterized by impaired development in social interactions and communication, both verbal and non-verbal. There is an observed lack of spontaneous acts of communication; both receptive and expressed, as well as speech impairments. A person diagnosed with Autism will also show a limited range of activities and interests, as well as forming and maintain peer relationships. The individuals will display limited interests, which are often very focused and repetitive. He or she is likely to be very routine oriented and may show behavioral symptoms such as hyperactivity, impulsivity, aggressiveness, and self-injurious behaviors.
The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not allowed to appeal a not guilty verdict. The sentencing in criminal cases with a guilty verdict, however, may be appealed by either the defendant or by the prosecution (uscourts.gov, 23).
The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only enforce the idea of substantive law, but also create a framework for the rights of every day Americans. Ever since the creation of the Bill of Rights, there has been a constant need for change laws and procedures in order to accommodate for rights given to each citizen. In this paper, the analysis of the affect of the Bill of Rights will be analyzed as well as the reasons for increased incarceration rates and the issue of plea bargaining.
Autism is a neurodevelopmental disorder that effects the brains development. It is characterized by affecting communication, cognition and social interaction. The spectrum of the disorders ranges from a mild condition called Asperger’s syndrome to a more severe form, which severely impairer’s development. The Office of Communications and Public Liaison states that the disorder affects one and eighty-eight children, however ASD effects boys more frequently than girls (Office of Communications and Public Liaison, 2013). ASD emerges in all age, ethnic and socioeconomic groups. The significant varied character and severity of the disorder is why ASD is considered a spectrum that poses a broad range of symptoms.
Autism Spectrum Disorder Raquel S. Hernandez Psychology 251 IN1 South Piedmont Community College Abstract Autism Spectrum Disorder Autism spectrum disorder is a condition related to brain development that impacts how a person perceives and socializes with others, causing problems in social interaction and communication (Autism spectrum disorder, n.d.). Autism has been dated back to the early 1900s, by a Swiss psychiatrist of the name Eugen Bleuler, during this time many psychiatrists, psychologists, and physicians were working together to study the different age groups and diagnostical methods of childhood psychosis (Holaday, 2012). Since autism has been a disorder that has intrigued physicians
Just like today, thousands of years ago crime followed humans and was present in any culture. It did not matter where in the world or how advanced the nation was, crime was unavoidable and expected. Societal norms, values, and cultures shape and reflect a countries legal system and how they deal with criminals and punishment. Many past empires and countries have made significant contributions to the formation of modern criminal justice systems around the world. The history of crime and punishment has evolved tremendously over time and can be reflected from sets of ancient laws, harsh punishments, and inequalities of certain groups of people from the past.