Constitutional and Legal Issues

What is it about?

"The task of protecting the rights of special needs offenders can be arduous, complex, and in constant motion, complicated by the countless conditions and circumstances that may constitute special needs. The law has had to evolve to recognize and deal with these developments, aided by the continuous evolution of society’s sense of “fairness” and “decency.” Thus, the constitutional and legal issues that arise regarding the justice system’s handling of those with special needs is not separate from but rather reflective of the nation’s overarching struggle to afford dignity to all of its citizens in every case and every situation. The great discretion inherent in the criminal justice system means that the law can only provide broad boundaries, only rarely initiating specific fixes. Understanding these issues attunes one into the outer bounds of what is appropriate and tolerable. Within this framework, the continued endeavors of policy makers, researchers and medical practitioners, and advocates, both formal and informal, will be needed to color in the lines and assure that, while often unpleasant, encounters with the criminal justice system for those with special needs are no more onerous than for those without them."

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