The interactions of disability and impairment

Theoretical work on disability is going through an expansive period, built on the growing recognition of disability studies as a discipline and out of the political and analytical push to bring disability into a prominent position within accounts of the intersecting social categories that shape people's lives. A current debate within critical disability studies is whether that study should include impairment and embodiment within its focus. This article argues it should and does so by drawing from symbolic interactionism and embodiment literatures in order to explore how differences in what bodies can do-defined as impairments-come to play a role in how people make sense of themselves through social interaction. We argue that these everyday interactions and the stories we tell within them and about them are important spaces and narratives through which impairment and disability are produced. Interactions and stories are significant both in how they are shaped by wider social norms, collective stories and institutional processes, and also how they at times can provide points of resistance and challenges to such norms, stories and institutions. Therefore, the significance of impairment and interaction is the role they play in both informing self-identity and also broader dynamics of power and inequality

A consideration of the merits of specialised homicide offences and defences for battered women

In response to calls for reform, some jurisdictions have introduced specialised offences and defences for battered women who kill their abuser. In 2005, Victoria introduced the offence of ‘defensive homicide’. More recently, in 2010, Queensland introduced a defence titled ‘killing for preservation in an abusive domestic relationship’. If successful these approaches result in a conviction of defensive homicide and manslaughter respectively. While defensive homicide has been explored in a number of cases in Victoria; the Queensland defence has only been considered on a few occasions to date. This article reviews the underlying debates relating to these developments and then examines recent case law to consider the application of these two approaches and their effectiveness in light of what they were designed to achieve. The article concludes that the reforms may have resulted in some unintended consequences

The effectiveness of specialized legal counsel and case management services for indigent offenders with mental illness

BACKGROUND: In recent years, jurisdictions have recognized the strain placed on limited existing resources by criminal offenders with mental illness who frequently cycle through local jail facilities. In response, many locales have developed and implemented specialized programs to more effectively and efficiently manage these offenders, particularly the process of assigning defense attorneys to these often indigent defendants. METHODS: The current study examined the impact of an Indigent Defense Counsel (IDC) program designed to provide specially trained defense attorneys, and enhanced case management services to 257 indigent jail inmates with a qualifying, major mental health diagnosis (e.g., major depression). These offenders were compared to 117 similar offenders who did not receive these services, on both their length of stay in the jail, and their likelihood of recidivism after release to the community. RESULTS: Survival analyses revealed that program participants spent about 17 fewer days in jail; however, recidivism rates between groups, measured as return to the same county jail or as statewide re-arrest, did not differ. CONCLUSIONS: These results suggest that defendants with mental illness can potentially be managed effectively in the community, with little added risk to public safety and at potential savings in jail bed days/costs. Implications for the processing of indigent criminal defendants with mental illness are presented