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Analyze the role of mental retardation or cognitive impairments in criminal proceedings. How is it evaluated and how might it impact court proceedings and sentencing? How does the Flynn Effect apply to this issue?
Cognitive Impairments In Criminal Proceedings
Length: 3 pages (1000 Words)
The issue of cognitive impairment or mental retardation has been raised in research as a factor affecting and compounding the legal need as well as hindering its resolution.The sources of cognitive impairment include dementia, intellectual disability, mental illness, illness, substance abuse, and brain injury as a result of an accident.In most cases, a body of literature focuses on the effects and impact of intellectual disability on an individual’s capacity to access legal justice. However, studies suggest that the challenges people with intellectual disabilities experience while accessing legal assistance, legal process, and justice are also experienced by individuals with other forms of cognitive impairments.
The conditions mentioned above affect the access to justice and the legal needs of some people. Additionally, such challenges are experienced by older people, homeless, people with mental issues, and prisoners. Stakeholders have further identified memory loss, mental illness, and drug and alcohol use as other significant barriers to attending a tribunal or a court. People facing such disabilities have challenges in organizing their lives. Thus, they may find it challenging to remember or make the necessary arrangement for their court proceedings and important things such as court dates.