Incarceration rates for people with disabilities far exceed incarceration rates for the general public. This is especially true for those with cognitive disabilities, and disproportionately affects people of color with disabilities. Individuals with disabilities are also more vulnerable to police violence, and to sexual assault
Mental illness cases involving diminished-capacity defenses are procedurally complex and often result in underwhelming outcomes. And justice reform and mental health advocates are often left wishing for more. Two recent North Carolina cases illustrate the “we can do better” mindset well.