Through theoretical and empirical evaluation of legal structures for court diversion, this book questions law’s complicity in the debilitation of handicapped individuals. In a post-deinstitutionalisation period, diverting handicapped individuals from criminal justice systems and into psychological health and impairment services is thought about restorative, gentle and socially simply.
Yet, by making use of Foucauldian theory of biopolitics, important legal and political theory and vital impairment theory, Steele argues that court diversion continues impairment injustice. It can help with criminalisation, control and penalty of handicapped individuals who are not sentenced and may not even be founded guilty of any criminal offenses.
On a more comprehensive level, court diversion adds to the longstanding phenomenon of disability-specific coercive intervention, legitimates jail imprisonment and fortify the limits of fundamental legal principles at the core of jurisdiction, legal personhood and sovereignty.
Steele reveals that the United Nations Convention on the Rights of Individuals with Impairments can not react to the intricacies of court diversion, recommending the CRPD is of restricted usage in objecting to carceral control and legal and settler colonial violence.
The book not just uses brand-new methods to comprehend relationships in between impairment, criminal justice and law; it likewise proposes theoretical and useful methods that add to the advancement of a broader re-imagining of a more progressive and simply socio-legal order.
The book will be of interest to scholars and trainees of special needs law, criminal law, medical law, socio-legal research studies, impairment research studies, social work and criminology. It will likewise be of interest to special needs, detainee and social justice activists.
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