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Abstract
The paper initially traces the problems the intellectually disabled defendant confronts in the legal system. It is emphasized that the legal system, including the police, lawyers, magistrates and judges are often ill-informed about the intellectually disabled. The issues of competence and admissibility are also discussed.
A model is proposed in order to correct some of the problems outlined in the first part of the paper. The model stresses the importance of educating the community, especially the legal system about the intellectually disabled, and conversely educating the disabled about the law. The police direct intellectually disabled defendants to an Assessment Panel which has two levels. Level I is designed to make a prompt decision on what action should be taken. Level II functions to collate information on the disabled defendant and expertly inform his counsel and subsequently the court. Another important feature of the model is training the defendant in courtroom procedures. Eventually the intellectually disabled defendant faces a courtroom adequately informed and able to make a decision which will uphold the rights of the defendant as well as ensuring that a reasonable level of responsibility is also accepted.