MIXED ATTITUDES TOWARDS ADHD AS A MITIGATING FACTOR IN CRIMINAL SENTENCING IN SINGAPORE: AN ARCHIVAL INVESTIGATION

Abstract

This study investigates how ADHD is deliberated in Singaporean criminal trial cases to consider what aspects of ADHD influenced trial outcomes. An archival search was conducted through Lawnet on criminal trial cases mentioning ADHD in Singapore from 1975 to 2021. 48 cases were included in the analysis. The exploratory descriptive analysis revealed that where cases accepted ADHD as a mitigating factor (n = 11), they considered the influence of impulsivity and susceptibility to social influence, henceforth selecting a rehabilitative-focused sentence. Where ADHD was not accepted as a mitigating factor (n = 37), the judge either did not see a causal link between ADHD and the act of offence or believe that ADHD did not substantially impact the defendant’s mens rea.