Across the western world, since the latter part of the twentieth
century, people with mental and cognitive disabilities have been
funneled into criminal justice systems, remanded, sentenced and
imprisoned in larger numbers than previously and in far higher
proportions than their presence in the general population. Australian
criminal justice systems are no exception. The use of societal
punishment and control systems in this manner is a deeply disturbing
turn. People with these disabilities who become enmeshed with the
police, courts and prisons are largely from the most disadvantaged
backgrounds and communities, with Indigenous Australians significantly
over-represented amongst them. As criminal justice processes are
primarily to assess guilt and administer punishment, they tend to
intensify experiences of disability; prison is not a therapeutic place.
So why are there so many people with mental and cognitive disability
incarcerated? Evidence from recent studies and cases suggest that at
heart, this is a matter of how Australian society supports, enacts
social justice for and affords human rights to the most vulnerable