SMU | YPH SCHOOL OF LAW | 2026
Seminar synopsis
As functioning adults, we take for granted our ability to think, plan, communicate, and act logically. These same skills, however, are often a challenge for individuals with intellectual disability.
Intellectual disability is a developmental disorder where the individual faces more difficulty than others in grasping concepts and solving even basic problems. People with intellectual disability may often experience difficulties in daily functioning and disruptions in their family and social relations. The disorder may also manifest in behavioural difficulties and and changes.
For these reasons, it is not uncommon for persons suffering from intellectual disability to experience brushes with the law. When this happens, a gamut of psycho-legal issues and considerations arises. This week's seminar focuses on some of these major issues. We take a look at how psychologists define intelligence, what it means to be suffering from intellectual disability, and how such a disability is assessed. We will also explore how courts have dealt with intellectual-disabled offenders who were charged and tried for offences.
Readings
NOBA: Intelligence – Robert Biswas-Diener.
What is "intelligence"?
John W. Jacobson, James A. Mulick, & Johannes Rojahn, Handbook of Intellectual and Developmental Disabilities (Springer, 2007), Chapter 14: Intellectual Assessment and Intellectual Disability.
This article provides an introduction to intellectual disability as a recognised mental disorder, and discusses how the disorder is assessed and diagnosed.
Jones, J. (2007). Persons with Intellectual Disabilities in the Criminal Justice System A Review Of Issues. International Journal of Offender Therapy and Comparative Criminology, 51(6), 723-733.
This article discuss issues and difficulties faced by intellectually-disabled persons in the criminal justice system.
Saul M. Kassin & Gisli H. Gudjonsson, “The Psychology of Confessions: A Review of the Literature and Issues” (2004) 5(2) Psychological Science in the Public Interest at 33 [OPTIONAL READING]
This article delves specifically into the problem of false confessions and why they pose a threat to the integrity of the criminal justice system. It is an optional reading.
This article discusses the use of an intermediary scheme in Australia with individuals suffering from intellectual disability. Can a similar scheme be found in Singapore? If so, how does our scheme match up?
PP v Rozman bin Jusoh and Anor [1995] 2 SLR(R) 879
Chou Kooi Pang and Anor v PP [1998] 3 SLR(R) 205
PP v Huang Rong Tai and another [2003] 2 SLR(R) 43
PP v Ismil bin Kadar [2009] SGHC 84
Muhammad bin Kadar and Anor v PP [2011] 3 SLR 1205
Tan Yao Min v Public Prosecutor [2017] SGHC 311
Roslan bin Bakar v Public Prosecutor and another matter [2017] SGHC 291
Nagaenthran a/l K Dharmalingam v Public Prosecutor [2017] SGHC 222
Read these cases smartly! Some of them may be long, but the relevant portions concerning the focus of this course are found only in particular parts of the case. It is these parts you need to pay attention to. Quick tip: "ctrl-F" helps.