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Abstract
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Highlights
• Increasing numbers of criminal cases where accused may have dementia.
• Need for expert witnesses with experience in diagnosing dementia in criminal courts.
• Current sentencing guidelines do not accommodate progressive cognitive impairment.
• Individuals with dementia are unfit for punishment but may be detained under punitive conditions.
• Need for more appropriate placements for offenders with dementia.
Our population is ageing and there is a corresponding increasing prevalence of dementia. Dementia is an umbrella term for a group of neurological conditions that cause a gradual death of brain cells and associated decline in cognitive functions that lead to significant impairment in everyday functioning (American Psychiatric Association, 2013a). According to Australian statistics published online by Dementia Australia in April 2019 (Dementia Australia, 2019), almost one in ten people over 65 years of age, and three in ten people over 85 years of age have dementia. Dementia is the second leading cause of death of Australians, with a significant associated economic and social burden. It is estimated that there will be over 1 million people with dementia in Australia by 2056 (Dementia Australia, 2019).
People with dementia who commit a criminal offence represent a significant challenge for the justice system and correctional facilities. They raise a range of complex issues including assessment of competency to stand trial, determining culpability, appropriate sentencing, and what we will call 'fitness for punishment'...
Language: en |