ABSTRACT
One of the greatest burdens of social structures is the criminal law. It is no secret that the burden of the criminal law has historically been significantly heavier for marginalised groups. In modern society, ethnic minorities and other marginalised groups often continue to experience overrepresentation in criminal justice systems. People with disability are overrepresented in criminal justice systems around the world. When people are excused from criminal responsibility on the basis of disability they are often left more disadvantaged than if they were to have been held fully responsible for the crime. The notion that people with disability can not be trusted as decision-makers in other areas of life–voting, marriage, signing contracts, deciding where to live, and others. The chapter describes the legal and social implications of denying decision-making to people with disability in the criminal justice context.
