Psychiatric defence of a Nigerian minor with intellectual disability and co-morbid mental illness: An exploration into legal grounds

Abstract

People with intellectual disability and co-morbid serious mental illness are sometimes involved as perpetrators of an offence and suffer exploitation in the criminal justice system. Understanding the link between mental illness and crime and the experience of an accused deserves attention because it may be essential in the administration of justice. The subject of this paper is the experience of a 17-year-old boy, suffering from both intellectual disability and schizophrenia, who was accused of theft and charged to court. The aim is to show how psychiatric services can be helpful in the disposal of court sentences for a minor. The relationship between his mental illness (with a focus on intellectual disability) and crime, and potential victimization in the criminal justice system is discussed. We advocate for awareness on the part of the legal system in the protection of people with intellectual disability from being victimized and recommend the need for psychiatric service to educate the court on the stringent application of the insanity rule.