Justice for Individuals with Reduced Mental Capacity: An Arts-Based Timelines Approach in Youth Interviews

• In Event: Insights from Justice-Involved and Unhoused Individuals

Abstract

The existing literature has extensively examined procedural justice in police-citizen interactions, but scant attention has been given to the criminal justice response to individuals with diminished mental capacity. This diverse group includes those with mental illnesses, special educational needs, learning difficulties, and those identifying as “neurodiverse” or “autistic.” Navigating the criminal justice system can be challenging due to anxiety and sensory overload. Our focus is on ensuring fair treatment within the criminal justice processes and exploring through a qualitative study involving mentally incapacitated youths. Our project delves into the lived experiences of these youths with criminal justice practitioners by examining participants’ perceptions of fairness, communicative courtesy, opportunities for expression, and the adequacy of explanations, along with addressing stigma, self-stigma, and discrimination. We employed a mixed qualitative method to ensure participant well-being, integrating visual timelines with semi-structured interviews. The visual timeline method, tested in a pilot study with five mentally incapacitated youth, used drawings, art-based activities, and narratives to unpack their emotions and thoughts during their criminal justice experiences. We analyzed data using QRS NVivo Plus (V12) software, gaining insights into data collection methods and relevant findings for this population.

Authors

• Jessica Chi Mei Li, The Hong Kong Polytechnic University

• Ivan Sun, University of Delaware

• Albert Ho, Barrister-at-law

• Angel Lai, The Hong Kong Polytechnic University

• Ricky Kwan, City University of Hong Kong