THIS WEEK On ABC Radio National's
      Background Briefing Program:
-----------------------------
Sunday, October 24, 9.10am
Repeated Tuesday, October 26, 7.10pm
---------------------------------------------------------
CHALLENGING BEHAVIOUR
      Produced by Gareth Robinson
---------------------------------------------------------
ON-AIR PROMO:

A viscious murder late at night in a country town.  A young man tries to
use the victims ATM card, there's blood on his clothes, and his shoeprint
is at the crime scene.

But did he - Alone - kill the girl?

He's illiterate and has a speech defect.  His IQ is around 50, he tells
silly lies, as you'll hear, gives stupid alibis and he behaves badly.

Did he get a fair trial?
---------------------------
PRODUCER's SUPPLEMENT:

In our system of justice, everyone is supposed to be equal before the law.
And everyone is presumed innocent, at least at the start.

But what happens if a trial of very serious nature - like murder - starts
with the defendant unable to understand what's going on around him?

And if experts who are skilled in assessing human intelligence disagree
about one man's mental competence, how is a jury to decide on correct opinion?

This week's Background Briefing will visit one such case, which started
with a murder in 1996.  The man charged with and convicted of the killing
is intellectually disabled, with a very low IQ and a history of aggressive
behaviour.

One jury decided he was fit to be tried on the charge and another jury
found him guilty of murder.
--------------------------------------------------------
LAST WEEK:  Transcripts now available on-line:
http://www.abc.net.au/rn/talks/bbing

THE MAN FROM TABASCO
The Story of Carlos Cabal Peniche
      Produced by Ian Walker  BB 17/10/99
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..........................................................
Background Briefing on ABC Radio National
GPO Box 9994  Sydney NSW 2001   Australia
Fax: +61-2-9333-1400     Email: [EMAIL PROTECTED]
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Transcripts: http://www.abc.net.au/rn/talks/bbing
Tuning: http://www.abc.net.au/rn/freq/map.htm



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