No full-text available
To read the full-text of this research,
you can request a copy directly from the authors.
What professionals think about offenders with learning disabilities in the criminal justice system
Abstract
There is evidence that people with learning disabilities who offend are treated differently within the criminal justice system compared to non-disabled offenders. As their treatment depends on decisions made by professionals within the criminal justice system, this study set out to explore the attitudes of these professionals. Semi-structured interviews were carried out with 28 professionals who included custody sergeants, appropriate adults, community psychiatric/forensic liaison nurses, magistrates and judges. The transcribed recordings were analysed using grounded theory. Many responses concerned the fear that people with learning disabilities may not be recognized within the system, thus negating the effect of any plans to adapt the system to take account of them. Other responses could be characterized by two themes: the first focused on the nature of learning disabilities and why the system should be changed to take this into account, and the second concerned a belief that by its very nature the criminal justice system could not be adapted. In conclusion, the implications of professionals’ attitudes towards people with learning disabilities in the criminal justice system are discussed in relation to recent legislative changes and policy guidance, to review how the justice system and other services can respond better to the needs of this potentially vulnerable group and how they can ensure that their rights are upheld.
... Researchers generally agree that there are higher rates of I/DD in criminal justice settings than in the general population (Cant and Standen, 2007;Fazio et al., 2012;Hayes, 2007;Herrington, 2009;Lindsay, 2011;Riches et al., 2006;Russell and Dunlap, 2016;Scheyette et al., 2009), which is estimated to be somewhere around 1 and 2 percent (Maulik et al., 2011;McKenzie et al., 2016; "The Arc | Intellectual Disability," 2017). Some estimates of I/DD in criminal justice settings have been as high as 30 or 69.9 percent (Hellenbach et al., 2017;Herrington, 2009) but most hover around 4 to 7 percent (Fazio et al., 2012;Herrington, 2009;Lewis et al., 2015;Russell and Dunlap, 2016;Scheyette et al., 2009), which is still significantly above that of non-incarcerated populations. ...
... Furthermore, at which point offenders are assessed and the assessor's level understanding of these disabilities introduce more complications in gaining accurate prevalence (Cant and Standen, 2007;Scheyette et al., 2009;Underwood et al., 2013). One study interviewed 80 criminal justice personnel in North Carolina about the process of identifying I/DD in jails. ...
... The authors also asked about training these professionals received on I/DD, concluding that their training was "brief and inadequate" (Scheyette et al., 2009, p. 21). This study is relevant for the entire criminal justice system, especially as many researchers and professionals are calling for earlier identification of offenders with I/DD, such as in police stations and jails (Cant and Standen, 2007;Hayes, 2007;Hayes et al., 2007;McCarthy et al., 2015;Scheyette et al., 2009;Søndenaa et al., 2008). ...
Purpose
The purpose of this study was to assess the training forensic mental health professionals in the United States receive on intellectual and developmental disabilities (I/DD). Given the difficulties obtaining accurate prevalence rates of these disabilities in criminal justice settings, it is important to understand how these disabilities are being evaluated and the level of understanding about these disabilities evaluators hold.
Design/methodology/approach
An online survey was distributed to forensic mental health professionals in the U.S. that included questions on training opportunities in graduate education, post-graduate forensic training, and professional training opportunities. Participants were also asked about their current work, how they assess I/DD, and their estimates on the percentage of cases they see with I/DD.
Findings
Respondents reported some training that focused heavily on assessment methods. Most respondents estimated between 5% an 25% of their cases involving I/DD and reported using a wide range of assessment methods. Finally, many respondents reporting more training needed in this area.
Practical implications
More training is needed for forensic mental health professionals on identifying I/DD. Additionally, professional guidelines on what tools and methods to rely on to identify these disabilities is paramount to ensure homogeneity of methods and, thus, better estimates of overall prevalence in criminal justice settings
Originality/value
This is the first assessment focused on how forensic mental health professionals are trained to identify I/DD and can be used to improve identification of I/DD in forensic settings.
... However, many challenges in meeting these commitments within the CJS in the UK have been identified. For example, the Prison Reform Trust's No One Knows research programme (Jacobson, 2008) highlighted particular challenges relating to the inconsistent treatment of offenders with learning disabilities and mental health difficulties due to acknowledged difficulties from front-line police officers in identifying their needs and responding appropriately (also Bailey, Barr & Bunting, 2001;Cant & Standen, 2007;Gendle & Woodhams, 2005;Henshaw & Thomas, 2012;Keilty & Connelly, 2010). This is in a context where it is estimated that 20-30% of all offenders in the UK '…have learning difficulties or learning disabilities that interfere with their ability to cope within the criminal justice system; of this group 7% will have very low IQs of less than 70' (Jacobson, 2008; iii), although the actual numbers could be higher than this (Williams, Swift & Mason, 2015). ...
... This idea is especially relevant to the context of custody where there is a lack of awareness and understanding by frontline officers about the capabilities and intentions of individuals with learning disabilities or difficulties (e.g. Bradley, 2009;Bailey et al., 2001), not least because such individuals can be very difficult to identify unless they self-disclose (Cant & Standen, 2007;Jacobson, 2008). Moreover, individuals may not even know themselves that they have a difficulty until they are faced with such a challenging context (Williams et al., 2015). ...
... Given that time spent in detention is governed by the law, it is not surprising that time featured strongly in many participants' discussions of the challenges in meeting the communication needs of vulnerable people in custody; something that Jacobson (2008) refers to as the 'custody clock' (p.37; see also Cant & Standen, 2007). Generally, there were many areas identified as problematic with respect to time and how difficult it is to meet communication needs in the physical environment of custody: ...
Information provision and communication within the Criminal Justice System can be highly problematic for young people and adults with learning disabilities and difficulties. Paper-based communication is common, and is mandated for the provision of rights and entitlements in custody, but such communication can be poorly understood, potentially leading to miscarriages of justice. This article uses the piloting of a more accessible version of the rights and entitlements notice in custody to explore the communication practices with vulnerable detained persons from the perspectives of professionals within the Criminal Justice System. As a legally mandated text in a context heavily imbued with organisational power, the rights and entitlements notice in custody has sociological significance as a lens through which organisational practices, and understandings, can be examined. The stressful, fast-paced and transitional context of custody shapes communication and interaction in ways that are challenging for the detained person and also the professionals who support them.
... Owing, for instance, to limitations in cognitive development and linguistic fluency, individuals with an ID who are suspected of being involved in a crime are at once at a heightened risk of both misappreciating the nature of the legal caution and misunderstanding the due process rights to which they are legally entitled (Rogers et al., 2010;Gudjonsson & Joyce, 2011). Moreover, at the level of forensic interrogation, some of these individuals are likely to encounter significant cognitive and communicative challenges in constructing a clear and consistent exculpatory narrative (Brown & Geiselman, 1990;Cusack, 2018;Cusack, 2020b;Detterman, 1979). Numerous studies, for example, have found that individuals with ID may be more suggestible, more acquiescent, more likely to confabulate and more likely to engage in nay-saying than their counterparts within the general population Gudjonsson & Henry, 2003;Gudjonsson & Joyce, 2011). ...
... A number of studies highlighted the challenges for LEOs in respect of the conflict between various perceived forensic and ethical obligations: on the one hand, LEOs require safeguards in order to conduct an interview with a vulnerable person; and, on the other hand, they need to ascertain if a crime has been committed (Cant and Standen, 2007;Hellenbach, 2012). LEOs reported the need for safeguards both to support the person with ID and to ensure the integrity of evidence so as to ensure successful prosecution. ...
There is a high prevalence of people with intellectual disability (ID) among those in police custody. Consequently, law enforcement officers (LEOs) at the frontline of the criminal justice system are commonly required to interact with people who have ID. Notwithstanding the frequency of these interactions, research indicates that police exchanges with persons with ID frequently take place against a backdrop of tenuously-resourced disability awareness training. At the time of writing, a paucity of research data exists with respect to the experiences of LEOs operating within this training vacuum at an international level. A better understanding of their experiences could meaningfully inform research, training and improve support programmes for LEO's. We systematically reviewed six databases to identify studies published up to 1st December 2019 reporting the experience of LEOs interfacing with suspects who have an ID. Following a review of 670 abstracts, 16 studies were identified from five countries involving 983 LEOs. LEOs identified 1) a need for specialised training; 2) challenges in identifying people with ID; 3) a need to improve safeguards and 4) challenges in supporting/communicating with individuals who have ID through the investigation process.
... Cognitive impairment can also compromise understanding of court processes, sentencing and bail conditions. Behaviour reflecting this lack of understanding can be interpreted as disengaged or even obstructive, and this might impact on bail and sentencing determinations (Cant & Standen, 2007). In particular, misinterpretation of bail conditions has been shown to be a significant predictor of reoffending for those with cognitive impairment (Baldry et al., 2015). ...
... One of the things that I have consistently seen in working with people with intellectual disability in the justice system, is that their expressive language skills are better than their receptive language skills, which is a big problem because they sound more competent than they are. (Respondent 4) Lack of adequately trained staff in OOHC is a recurrent topic in the literature (Cant & Standen, 2007;Cino, 2014;Gerard et al., 2019), and this is consistent with our respondents' experiences of school contexts: 'the schools may not have the systems, may not have the supports to actually undertake the screening, to undertake the assessments. I think people do the best with what they've got, and that's the reality of it … ' (Respondent 8). ...
Children with cognitive impairment in out-of-home care (OOHC) are significantly over-represented in the criminal justice system. Little attention has been given to the connection between those with cognitive impairment who also have a care background and how these combined factors are linked to their criminal behaviour. A qualitative study utilising semi-structured interviews with 11 senior strategic officers and service providers to this cohort was conducted with the aim of investigating the views of these professionals and gaining insight into factors contributing to the criminalisation of children with cognitive impairment in OOHC. Five themes were identified using thematic analysis, suggesting that the primary areas of concern are: (a) increased vulnerability, (b) lack of belonging and security, (c) challenges with identification, (d) steering to the criminal justice system and (e) lack of support. These findings have important implications for both policy and practice, which are discussed in full.
... Such legislation allows police officers to remove MD individuals at risk to themselves or others from any public place to a designated 'place of safety' in order for an appropriate assessment to be conducted (see Borschmann, Gillard, Turner, Chambers, & O'Brien, 2010 for a full discussion). There is an onus on police officers to identify, and appropriately interview, MD suspects (Cant & Standen, 2007). This is an especially difficult task in light of there being no standard mental health training that deals with MD suspects across the 43 UK police forces. ...
... The current study and proposed model demonstrates the impact that police officers' perceptions and experiences can have on their current interview practice. This suggests that the treatment and outcomes of MD suspects are heavily dependent on whom they encounter and their perceptions (Cant & Standen, 2007). Such perceptions also have implications for gaining investigation relevant information (IRI) as well as the MD suspects' perceptions of stigma and their subsequent level of co-operation. ...
Despite mentally disordered suspects being over-represented within the criminal justice system, there is a dearth of published literature that examines police officers' perceptions when interviewing this vulnerable group. This is concerning given that police officers are increasingly the first point of contact with these individuals. Using a Grounded Theory approach, this study examined 35 police officers' perceptions and experiences when interviewing mentally disordered suspects. Current safeguards, such as Appropriate Adults, and their experiences of any training they received were also explored. A specially designed questionnaire was developed and distributed across six police forces in England and Wales. Nine conceptual categories emerged from the data that highlighted how police officers' level of experience impacted upon their perceptions when dealing with this cohort. As a consequence, a new model grounded within Schema Theory has emerged termed Police Experience Transitional Model. Implications include the treatment and outcome of mentally disordered suspects being heavily dependent on whom they encounter within the criminal justice system.
... It is also necessary to consider the level of training professionals receive to ensure they have the knowledge and skills required to recognise learning disabilities. To gain some awareness of what professionals think about people with learning disabilities in the criminal justice system, Cant and Standen (2007) set out to explore the attitudes of police, psychiatric nurses, magistrates and judges. Through the interview process, a number of professionals raised concerns regarding the level of training available to those working within the criminal justice arena. ...
... One of the most prominent and concurring themes identified throughout the literature is the lack of relevant training programmes for professionals that come into contact with young people with learning disabilities. Cant and Standen (2007) identified an emerging theme regarding the "identification of people with learning disabilities". In their study a number of professionals raised concerns about the level of training available to identify learning disabilities; many respondents believed that professionals are insufficiently trained. ...
Purpose
– The purpose of this paper is to critically explore the impact of anti-social behaviour orders (ASBOs) on young people with mild learning disabilities. In an attempt to identify why young people (under the age of 18) with learning disabilities are exposed to the criminal justice system, an emerging body of evidence is considered. The research provides an insight into some of the difficulties vulnerable young people may encounter, such as receiving unrealistic prohibitions and the lack of support provided after receiving a court order. The research also highlights the lack of professional awareness and understanding of learning disabilities and considers the level of training available to professionals. The paper closes with a discussion of the themes identified from the literature reviewed and some of the changes proposed by the coalition government regarding the future of the criminal justice system.
Design/methodology/approach
– Although a strict systematic review of the literature was not required for the literature review, a less rigorous systematic approach was employed. When searching for literature, the general principles and guidelines of the Cochrane Collaboration were employed, this included inclusion and exclusion criteria. The eligibility criteria guided the focus of the literature review and determined the relevance of the research. During the literature review it was recognised that much of the research is discussion/review based, and currently there is a limited amount of empirical research available. An eco-systems perspective was employed to consider the connections between young people, the environment and anti-social behaviour (ASB).
Findings
– The findings from the literature review, illustrate a growing body of evidence which suggests that young people with learning disabilities have been “caught up” in ASB measures. It is positive that more recently, there has been a much needed focus on early identification and diversion away from the criminal justice system, for those with mental health conditions and learning disabilities. The research findings presented by Cant and Standen, and Talbot, provide possible explanations as to why vulnerable young people are made subject to ASBOs. Indeed this lack of sufficient training has not gone unnoticed by other researchers.
Research limitations/implications
– Although the author is aware of the valuable insight qualitative research can provide, the methodological limitations raise questions regarding the validity of the research the author has considered, especially as most of the research the author has drawn upon is based on exploratory approaches. Nevertheless, the concurring themes drawn from the research findings raise much curiosity around the potential links between disability awareness training and the identification of young people with mild learning disabilities.
Practical implications
– Despite the governments recent proposal to abolish the ASBO and introduce a new approach to tackling ASB, it appears unclear as to how the new measures will differ from the existing ones. The recent proposed measures are set out in the Anti-social Behaviour, Crime and Policing Act 2014. Although the accompanying guidance for frontline professionals clearly sets out the need for early intervention, which sits alongside a new menu of ASB powers, including the Criminal Behaviour Order (which seems very similar to the ASBO), it is disappointing that the guidance does not give any direction of how new measures will impact on young people with learning disabilities.
Social implications
– Although the ASBO was not initially designed to target children and young people, it is clear from the literature that certain families and young people are often singled out and labelled as “anti-social”. It is unsurprising, that children and young people from poor families, with low educational attainment, limited employment opportunities and live in the most marginalised and deprived communities are amongst those who are singled out as being particularly problematic.
Originality/value
– The research findings have helped me to understand some of the potential difficulties vulnerable young people may encounter if they come into contact with the criminal justice system. As there appears to be a lack of empirical research available which considers the connections between learning disabilities and ASBOs, further research within this area of practice would be beneficial. The research invites an alternative perspective which adds to the existing literature.
... Whilst this research is highly valued, it should not detract from further research on the needs of vulnerable witnesses, specifically research on the early identification of vulnerable witnesses. Previous research has recommended that offenders with learning disabilities need to be identified at the earliest opportunity on entering the criminal justice system in order to receive the most appropriate treatment (Cant and Standen, 2007). This paper will argue that early identification is also crucial if all vulnerable victims and witnesses are to make use of the additional support that is available if they are required to provide testimony by attending a police interview or a criminal trial. ...
... It seems that the police service welcomed the recent legislation (special measures) that would assist them to manage vulnerable witnesses entering the criminal justice system, although researchers cautioned the reader about the ability of the police service at putting theory and good intentions into practice (Nield et al., 2003). So what does the research about early identification of vulnerable persons tell us? Cant and Standen (2007) conducted qualitative interviews with a number of professionals, including police custody sergeants, magistrates and crown court judges. The interviews revealed that some respondents believed that vulnerable offenders were not being identified for the following reasons: ...
Purpose
– The purpose of this paper is to examine how Registered Intermediaries are used in the England and Wales to facilitate communication between vulnerable witnesses, victims and police investigators and criminal courts.
Design/methodology/approach
– The paper focuses on the need for early identification of the vulnerable person so that support measures can be put in place from the outset to assist them to provide their testimony.
Findings
– It is noted that real progress has been made by the introduction of legislation, specifically the Youth Justice and Criminal Evidence Act (1999), and the uptake by the police service of the subsequent special measures put in place. However, the criminal justice service cannot afford to be complacent as research demonstrates that the police and the courts need to be more effective in managing these issues.
Originality/value
– The paper recommends that support measures are widened to include witnesses and suspects being interviewed by the Independent Police Complaints Commission, HM Customs and Revenue, the Department of Health and the Department of Work and Pensions.
... Verhoorders vertrouwen op hun ervaring en eigen heuristieken 19 om personen bekwaam te achten om een verhoor te ondergaan (Oxburgh e.a., 2016). Dit suggereert dat de aanpak en resultaten van deze verhoren sterk afhankelijk zijn van wie ze afnemen (Cant & Standen, 2007). ...
Literature review on the assessment of police interviewers – an assessment before enrolling in advanced interview courses in order to save capacity and costs, to enhance successful completion of the course, and to prevent disappointment.
... Bei fehlenden Kenntnissen involvierter Fachpersonen besteht nicht nur die Gefahr mangelhafter Berücksichtigung spezifischer Besonderheiten (Inclusion Europe, 2003;Niehaus, Krüger, & Caviezel Schmitz, 2013), sondern auch das Risiko, dass die Behinderung einer Person im Ermittlungsoder Strafverfahren gar nicht erst erkannt wird (Jürgens, Kröger, Marschner, & Winterstein, 1994). Dies gilt umso mehr, als Betroffene oftmals darum bemüht sind, als normal wahrgenommen zu werden, um soziale Stigmatisierung zu vermeiden (Cant & Standen, 2007). Werden in der Folge Besonderheiten nicht berücksichtigt, erhöht dies etwa bei den Betroffenen mit Beschuldigtenstatus wiederum die Gefahr von Falschgeständnissen (Niehaus, 2017). ...
Menschen mit einer Autismus-Spektrum-Störung (ASS) sind eine vulnerable Personengruppe für diverse Opfererfahrungen und kommen auch als Tatverdächtige eher mit Ermittlungsbehörden in Kontakt als Menschen ohne entsprechende Diagnose. Da das Wissen über Autismus in der Allgemeinbevölkerung wie auch bei Fachpersonen teilweise noch sehr lückenhaft zu sein scheint, stellt sich die Frage, inwieweit autismusspezifische Besonderheiten der sozialen Interaktion im Strafverfahren berücksichtigt werden. Während internationale Studien auf eine mögliche Benachteiligung dieser Personengruppe in Strafverfahren hinweisen, fehlt es im deutschsprachigen Raum an empirischen Erkenntnissen zu Erfahrungen dieser Personengruppe mit Ermittlungs- und Gerichtsbehörden sowie zu handlungsrelevantem Wissen und diesbezüglichen Einstellungen der am Verfahren beteiligten Fachpersonen.
... Eine Berücksichtigung der Besonderheiten geistig behinderter Menschen im Strafverfahren setzt jedoch voraus, dass involvierte Fachpersonen entsprechende Kenntnisse über geistige Behinderung besitzen (Inclusion Europe 2003;Niehaus et al. 2013). Ansonsten besteht u. a. die Gefahr, dass die geistige Behinderung einer Person im Ermittlungs-oder Strafverfahren nicht erkannt wird(Jürgens et al. 1994), zumal Betroffene vermeiden wollen, sozial stigmatisiert und als »anders« wahrgenommen zu werden(Cant 2007). Eine Berücksichtigung der Besonderheiten etwa im Rahmen der Vernehmung kann in dem Fall gar nicht erst erfolgen, was wiederum die Gefahr von Falschgeständnissen erhöht. ...
During criminal proceedings, suspects with intellectual disabilities (ID) are confronted with the criminal justice system, whose rules and procedures are difficult to understand even for individuals with no disability. Without assistance and the consideration of their special communicative needs by the involved professionals, they have lower chances of obtaining procedural justice than do individuals with no disability. Moreover, negative attitudes and myths about ID may influence the case assessment by the parties involved, and may thus unnoticedly affect a trial's proceedings and outcome. Hence, the norm of equality before the law depends essentially on it being implemented by the representatives of the forensic and law professions. To date, no study has systematically analyzed the situation of offenders with ID in Switzerland. The goal of the present exploratory study was to fill this gap with respect to sexual offence cases. With a qualitative content analysis records of criminal proceedings in two Swiss cantons concerning sexual offences have been analyzed as to which extent the parties involved in the proceedings refer to myths of ID and sexual violence.
... Eine Berücksichtigung der Besonderheiten geistig behinderter Menschen im Strafverfahren setzt jedoch voraus, dass involvierte Fachpersonen entsprechende Kenntnisse über geistige Behinderung besitzen (Inclusion Europe 2003;Niehaus et al. 2013). Ansonsten besteht u. a. die Gefahr, dass die geistige Behinderung einer Person im Ermittlungs-oder Strafverfahren nicht erkannt wird(Jürgens et al. 1994), zumal Betroffene vermeiden wollen, sozial stigmatisiert und als »anders« wahrgenommen zu werden(Cant 2007). Eine Berücksichtigung der Besonderheiten etwa im Rahmen der Vernehmung kann in dem Fall gar nicht erst erfolgen, was wiederum die Gefahr von Falschgeständnissen erhöht. ...
Als Beschuldigte in einem Strafverfahren sehen sich intellektuell beeinträchtigte Menschen mit einem Rechtssystem konfrontiert, dessen Abläufe schon für Normalbegabte schwer zu verstehen sind. Erhalten Betroffene nicht die nötige Unterstützung und werden Besonderheiten in der Kommunikation von den Verfahrensbeteiligten nicht berücksichtigt, haben sie geringere Chancen auf Verfahrensgerechtigkeit als Normalbegabte. Negative Einstellungen und behinderungsspezifische Mythen können die Fallbeurteilung durch Verfahrensbeteiligte zusätzlich beeinflussen und sich somit unbemerkt auf Verlauf und Ausgang des Verfahrens auswirken. Die Wahrung des Grundsatzes der Rechtsgleichheit hängt hier somit erheblich von den am Verfahren beteiligten Fachpersonen ab. Eine systematische Analyse der Situation intellektuell beeinträchtigter Beschuldigter im Schweizer Strafrechtssystem fehlt jedoch bis heute. Diese Lücke am Beispiel von Sexualstraftaten zu füllen, war Ziel der hier vorgestellten explorativen Studie. In deren Rahmen wurden mit Hilfe einer qualitativen Inhaltsanalyse justizielle Akten zweier Deutschschweizer Kantone zu Verfahren wegen Sexualdelikten mit Blick darauf analysiert, inwieweit die Verfahrensbeteiligten auf Mythen über geistige Behinderung und sexuelle Gewalt rekurrieren.
... There is some evidence to suggest that the experience of individuals with a PV in the criminal justice system is largely dependent on who they encounter once in it (Cant and Standen, 2007;Talbot, 2008). For example, McAfee et al (2002) found police officers thought suspects with an intellectual disability were less believable, their crimes more serious, and that officers would more often take drastic action in such cases than those involving suspects without a PV -in this case, intellectual disability. ...
... Professionals from police and court services were interviewed about working with people with LD in the CJS, and reported awareness of several issues (Cant and Standen, 2007). These included difficulty in recognising the presence of LD, the unsuitable nature of the legal processes for someone with LD, and the need to preserve the equal treatment of people with and without LD. ...
Purpose
– People with learning disabilities (LD) often lack necessary support in navigating and coping within the Criminal Justice System (CJS). The purpose of this paper is to explore their experiences, from their own perspective, and identify the supports which need to be implemented.
Design/methodology/approach
– Focus groups were held with nine patients in a forensic LD service, discussing their experiences and support needs within the CJS. Template analysis was undertaken on the transcripts.
Findings
– Four themes were identified: negative feelings, professional attitudes, suitability of the CJS, and supports needed.
Practical implications
– This research demonstrates the valuable opinions to be obtained from offenders with LD on their experiences and needs. Implications for the CJS include a need for further awareness, training, and expertise to work effectively with people with LD. Participant perspectives also highlight the importance of consistent liaison and diversion schemes, and indicate that CJS services may have something to learn from healthcare settings.
Originality/value
– Previous knowledge of offenders with LD overlooked the perspective of the service user. This research has given this group a voice, and has benefited from their insight. This is a timely piece of research in the current landscape of the CJS, and so these findings may be of practical value to the implementation of supports, particularly the liaison and diversion schemes.
... Research indicates that the experience of the criminal justice system is not a good one for disabled people whose expectation of fair treatment being met often depends on meeting someone in the criminal justice system with prior experience of disability (Cant and Standen, 2007;Leggett et al., 2007;Talbot and Riley, 2007). There are major problems connected with the use of hate crime laws to protect disabled people. ...
Public acts of hostility and harassment against disabled people are characterised in law as hate crime when they are accompanied by evidence of prejudice. But, rather than protecting and deterring, the offence of hate crime invites and depends on the identification of a person as different, thereby reinforcing culturally embedded ideas of normality and disability. As a result the law is based on disablist assumptions of disabled people as inferior. The law is also based on ideas and practice that presume ablebodiedness and thereby risks marginalising disabled people with whom the criminal justice system can find it difficult to work.
... Several problems have been highlighted with this measure. First, it is not easy for police officers and staff to identify vulnerable persons in the first place (Cant and Standen, 2007;Gendle and Woodhams, 2005). Can a parent really fulfil this role? ...
This article examines to what extent police investigators can reliably question a vulnerable suspect’s account when the evidence
base for appropriate questioning styles for this particular vulnerable group is limited. We examine a simulated interview
to demonstrate how difficult it is to challenge discrepancies in a vulnerable suspect’s account. It is argued from both linguistic
and psychological perspectives that certain question formats may lead to acquiescence, cognitive overload, and confusion for
the suspect. It is suggested that one way of trying to manage these issues is through the provision of alternative narratives
(i.e. ‘only one of those stories can be true’) but these too are found to be problematic.
... Recent international studies have emphasised the shortcomings of identification of ID in the criminal justice system (Scheyett et al., 2009) as well as regarding adaptations during interviewing and interrogations (Cant & Standen, 2007). The awareness that a significant number of persons have ID and that decisions concerning identification should be more available may enable us to better address the needs of these persons. ...
A significant proportion of the prison inmates have an IQ level corresponding to intellectual disability (ID) or borderline ID. These persons are rarely identified and subsequently not offered any compensation for their learning and comprehension deficits. The purpose of this study was to explore and help providing methods for better identification of ID at an early stage during criminal proceedings. 143 randomly selected prisoners serving sentences in prisons were assessed using The Wechsler Abbreviated Scale of Intelligence (WASI) and the Hayes Ability Screening Index (HASI) while a semi-structured interview was carried out to obtain data on health as well as social and criminological issues. A total of 10.8% (n = 15) of the participants showed an IQ below 70. From previous analyses of the semistructured interview, a checklist was extracted and found to have good predictive validity on ID (AUC= 93%). The resulting identification referred 32% (n= 46) of the sample for comprehensive assessment. Within this group, all participants with an IQ below70 were included. Identification through this checklist, the screening and a full assessment is essential in improving the quality of the services.
Purpose
Mental health courts (MHCs) may enable better support for people with intellectual disabilities (ID) within the criminal justice system (CJS) but little evaluative empirical evidence is available regarding their operation. The purpose of this paper is to explore professional perceptions of the challenges of including people with ID in a targeted services court (TSC) designed for people with mental health issues and ID.
Design/methodology/approach
Information was gathered, via interviews and focus groups, from 46 professionals working with people with mental health issues and ID within the TSC. Data were analysed by using thematic network analysis.
Findings
Findings highlight the neglect and lack of inclusion of people with ID within the TSC processes, with challenges in identifying people with ID, stakeholder awareness, inconsistent adapting of practices for people with ID and information transfer underpinned by the involvement of numerous organisations with differing agendas.
Research limitations/implications
Although valued, development of a TSC, including people with ID, was a challenging endeavour and may reflect societal and institutional neglect of people with ID, recommendations are provided.
Originality/value
This study adds to the few investigations that have considered the process of including people with ID in a TSC from the perspective of those working in the CJS.
This chapter turns to look at the punishment of migrant offending. It primarily examines the treatment of rural migrant offenders in the Chinese criminal justice system. It first explores the participations’ perception about interpersonal treatment in criminal justice processes. While their experiences varied, prejudices and differential, discriminatory treatment to rural migrant offenders did exist. Second, it looks into legal representation for rural migrants who come into contact with criminal law. It suggests that the rural migrants often did not have any form of legal representation in the formal justice process; those, who were represented by legal professionals, did not feel obviously benefited from the defence work provided to them. Third, it discusses the law and the implementation of law, which may have disadvantaged migrant offenders because of their hukou status and socio-economic conditions. Finally, it concludes with a summary of the key findings.
This paper sets out to critically explore the use of anti-social behaviour orders (ASBOs) in relation to young people with learning disabilities. It brings together an emerging body of evidence, from a range of sources, which suggests that these marginalized and vulnerable young people are over-represented amongst those made subject to ASBOs. In this context it will provide a critique of existing practice, within both welfare and criminal justice agencies, which is typified by a lack of awareness and understanding of learning disability. Finally, it will suggest that the concept of diagnostic overshadowing may provide a useful way of thinking critically about current ASBO practice, and suggest that approaches which fail to address the underlying difficulties faced by young people with learning disabilities are unlikely to produce positive outcomes.
Accessible summary• In this study, 15 custody sergeants from Cheshire, Merseyside and Greater Manchester were interviewed regarding their opinions and attitudes towards offenders with learning disabilities.• It became evident that there was a lot of confusion about what characterises a person with learning disabilities.• The provision of support to offenders with learning disabilities, particularly the availability of an appropriate adult, depended on the custody sergeant’s professional identity.• Pressure resulting from performance targets further compromised a detainee’s needs for support to be sufficiently considered by custody sergeants when processing arrestees.SummaryRecent research demonstrates that despite increased attention and awareness by politicians and decision‐makers, people with learning disabilities are still disadvantaged when engaging with the criminal justice system. It has been argued that shortcomings in providing support are because of criminal justice professionals lacking necessary skills and competencies in identifying and dealing with people who have learning disabilities. This study draws on qualitative data generated through unstructured interviews with custody sergeants from three different constabularies. It is argued that learning disability is constructed in relation to concepts of fairness and justice, which a custody sergeant may utilise in accordance with their perception of professional identity. These constructs influence custody sergeants in their decision about how individual detainees should be treated and what kind of support should be made accessible to them whilst being detained.
The present paper reviews some of the most significant findings in the field of forensic issues related to intellectual disability over the last 2 years.
Recent publications have explored the prevalence and assessment of intellectual disabilities in the criminal justice system, as well as individual characteristics of intellectual disabled offenders. Service by the criminal justice system and treatment of intellectual disabled offenders have also been explored. New insights into violence and sexual offences have been achieved, however identification and evidence-based treatment of intellectual disabled offenders are not widely explored issues.
Progress in treatment studies, studies of the function of the criminal justice system and risk assessments have resulted in improvements in these aspects during recent years. The wide range of services involved in successful initiatives has been addressed, but some crucial aspects still receive too little attention. Differences between countries and cultures have not been emphasized, and the progress that has been achieved seems to be confined to countries with a clear policy and organized services for offenders with intellectual disabilities.
Aims and method: The study aimed to identify factors delaying discharge of psychiatric in-patients from a learning disability service. A census was completed, categorising in-patients as unready for discharge (n=181); discharge planned within 12 weeks (n=22); or ready for discharge but experiencing delay (n=44), the latter were followed-up 16 months later. Results: Delayed patients were more disabled or disturbed and often awaiting adequate community provision. They were older, had been in hospital longer and were 'informal' admissions. At follow-up 23 remained in hospital, 21 of whom had been delayed by lack of placement. Clinical implications: De-institutionalisation has led to the expectation that more complex and challenging people be placed in the community. This study suggests the community to be, as yet, unready to cope with the needs of these service users.
AIMS AND METHOD
The study aimed to identify factors delaying discharge of psychiatric in-patients from a learning disability service. A census was completed, categorising in-patients as unready for discharge (n=181); discharge planned within 12 weeks (n=22); or ready for discharge but experiencing delay (n=44), the latter were followed-up 16 months later.
RESULTS
Delayed patients were more disabled or disturbed and often awaiting adequate community provision. They were older, had been in hospital longer and were ‘informal’ admissions. At follow-up 23 remained in hospital, 21 of whom had been delayed by lack of placement.
CLINICAL IMPLICATIONS
De-institutionalisation has led to the expectation that more complex and challenging people be placed in the community. This study suggests the community to be, as yet, unready to cope with the needs of these service users.
It has been reported that there is an over-representation of people with learning disabilities in prison populations. Various explanations have been offered for this including theories that people with disabilities are susceptible to criminal behaviour, and that they receive different treatment within the justice system. There is no evidence of over-representation of people with learning disabilities in the UK penal system although evidence does suggest that there are a significant number of prisoners with borderline learning disabilities who are psychologically vulnerable. This research set out to examine current levels of contact that psychiatrists have with various criminal justice agencies, as well as exploring the attitudes and beliefs of other criminal justice workers in order to assess current arrangements of treatment and care for offenders who have a learning disability.
791 consultant psychiatrists registered in four sections of the Royal College of Psychiatry were surveyed to detect current levels of contact with five criminal justice agencies, and also to assess their levels of involvement with the diversion of mentally disordered offenders into health care provision. Responses indicated that forensic and general psychiatrists had the highest levels of contact with criminal justice agencies, although there was also limited contact with child and learning disability psychiatrists. Forensic psychiatrists were also shown to be the group who were most likely to be involved with diversion schemes, and there was some evidence to suggest that respondents were unhappy with current arrangements for diversion because of bed and staff shortages.
An attitude survey concerning offenders with learning disabilities was distributed to 100 criminal justice professionals (judges, magistrates, police and appropriate adults). 28 of these respondents also participated in semi-structured interviews which provided qualitative data to supplement the findings of the attitude survey. These studies provided evidence that criminal justice professionals were not eager to assign special rights to people because of their learning disability status, but instead were confident that the present legal system could accommodate the needs of offenders with learning disabilities in the present system. However, significant concern was raised by all respondents that specific training in needed to address learning disability issues before this can be fully achieved. There was little evidence found to support `susceptibility' theories of learning disability offending, although there was some evidence which gave support to the `different treatment' hypothesis.
Men detained in a South London prison on remand were screened for intellectual disabilities (mental handicap) over a three-month period. Of 157 men screened, 33 reported having intellectual disabilities. Twenty-one of these completed the General Health Questionnaire (GHQ) and were tested for IQ (on the WAIS-R), for reading and numeracy (on the British Ability Scales). An equal number of men were selected for the control group, on a ‘next man in’ basis, and they were assessed in an identical way. None of the index men had an IQ in the intellectual disabilities (mental handicap) range but the mean Verbal IQ, mean Full Scale IQ, mean reading age and mean numeracy age were all significantly lower in the index group than in the control group. Moreover, the index group had significantly higher scores on the GHQ and often had a recent history of mental illness or psychiatric hospital admission. It is concluded that men with intellectual disabilities were not over-represented in prison but that there were a number of men close to the disability range who were psychologically very vulnerable.
Evidence suggests that care staff have difficulty recognizing offending behaviour in adults with intellectual disabilities (ID) and that they are reluctant to report such behaviour to the police. Whilst there has been speculation as to why there may be such reluctance, there are no empirical studies. In this study, questionnaires using vignettes of fictitious crimes were completed by 80 care staff in residential homes and 65 police officers. The fictitious perpetrators in the vignettes were described either as non-disabled or as having ID. Care staff and police ratings of causal attributions and affect were compared, and the effect of perpetrator status (with or without ID) was also examined. The findings confirmed that care staff are still reluctant to report incidents by people with ID to the police. Carer and police views were generally in accord concerning perpetrators without ID but there were significant differences between groups rating perpetrators with ID.
Forensic medical examiners, psychiatrists and clinical psychologists are increasingly being asked to evaluate police detainees fitness for interview. The aim of the present study was to further our understanding of the psychological factors that are considered important by the relevant professional groups in this evaluation process. Consultant psychiatrists, forensic medical examiners, lawyers and police officers rated the importance of detainees psychological vulnerabilities in terms of fitness for interview. Those most commonly identified were: confusion and disorientation, withdrawing from heroin, communication problems, a paranoid belief, and not seeming to understand simple questions. In contrast, claiming amnesia, depression and appearing suggestible and eager to please were not factors that respondents thought rendered the detainees unfit for interview. Among all groups, there appeared to be a view that an appropriate adult (AA) and a solicitor could be used interchangeably, and rarely were both seen as needed. Clearer guidelines regarding psychological vulnerabilities and the role of the appropriate adult are needed.
In 1997–8 the Wessex Consortium commissioned a project team to identify and assess the security and accommodation needs of mentally disordered offenders (MDOs) from within the consortium area and to ascertain the distribution and shortfall of suitable inpatient and residential facilities. MDOs in Special Hospitals, in regional secure units (RSUs) and in extra-contractual referral (ECR) placements on 31 October 1997 were identified and their needs assessed. Questionnaires were sent to all health and social services lead managers for mental illness and learning disabilities in order to catalogue existing services. The needs assessments identified two mam groups of individuals with unmet needs, i.e. people with mental health problems needing long-term secure care and those with learning disabilities and personality disorder causing severe challenging behaviour needing long-term and short-term secure care. The findings also revealed a total absence of intensive care beds in some areas and no long-term medium- or low-security care beds for people with mental illness across the consortium area. They also showed an almost total lack of any type of provision suitable for people with a combination of learning disabilities, personality disorder and severe challenging behaviour.
Investigated prevalence rates of mental disorders in 495 male penitentiary inmates in Quebec, using a French version of the Diagnostic Interview Schedule. It was found that 25% of the Ss had major mental disorders, 57% had drug or alcohol abuse/dependence problems, 13% had less severe mental disorders, and 4.7% were not disordered. These prevalence rates were compared with those of representative samples of US prison inmates. Prevalence of dysthymia, phobia, somatization, general anxiety, posttraumatic stress disorder (PTSD), and antisocial personality were higher in Ss in Quebec. Drug and alcohol abuse rates were also higher in these Ss. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
give an overview of the origins, purposes, uses, and contributions of grounded theory methodology / grounded theory is a general methodology for developing theory that is grounded in data systematically gathered and analyzed (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Examined the capacity of community psychiatric teams to support mentally disordered offenders (MDOs) in the community. Ss (aged 18–45+ yrs) were 85 community team leaders and managers who completed interviews concerning team responsiveness and working practices and 346 key community teams members who completed questionnaires concerning MDO work proficiency perceptions, caseload size, MDO client numbers, demographic characteristics, offence history, and support needs. Results show that all teams experienced difficulties in supporting MDOs. Key workers' proficiency levels did not match demands. Drug- and alcohol-related behavior problems were significant for all but learning disabilities client groups. Psychiatric supervision, day services, and accommodation facilities were common service deficiencies. Findings suggest that cooperation and improved communication between secure institutions and community teams, with support from district forensic community teams, would help maintain MDOs in mainstream services. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
This article reports results from a total population of persons with an intellectual disability in Western Australia arrested on or after April 1, 1984. It is part of a longitudinal study which 'tracked' offenders with intellectual disability through the criminal justice system over an 11-year period to compare their experiences at each stage of the justice process with a sample of general population offenders. The research draws on an analysis of the Western Australian Police Services Apprehension records and the Disability Services Commission database. The data presented here examine imprisonment rates and profiles of prisoners with intellectual disability compared to other offenders. The study found that over the period of the study more than one third of all individuals with an intellectual disability who were charged with a criminal offence were given a custodial sentence, compared with only 13% of the non-disabled arrestees. In addition, 16% of individuals with intellectual disability arrested for the first time were sentenced to custody compared to 7% of general population offenders.
Background This paper reports on court outcomes for people with an intellectual disability in comparison with other offenders. It is part of a longitudinal study where it was possible to examine all levels of the criminal justice system, that is, from arrest to court appearance and finally to conviction. The study is based on the summation of nearly 11 years of data, from 1 April 1984 to 31 December 1994. Method Using comprehensive databases, a group of offenders with intellectual disability (n=843) was "tracked'' through the criminal justice system to assess their criminal history and compare it with a cohort of general population offenders (n=2442). Results The findings show that at the sentencing stage of the court process people with intellectual disability are treated differently from others. There was no difference between the two groups in the proportion who were convicted, that is, where a penalty was imposed by the courts. However, there were considerable disparities between groups for the types of penalties imposed. The nature of the charge does not offer an adequate explanation for this. Conclusion A crucial finding is that it appears that the initial police decision to charge seems to have an enduring, albeit indirect effect at the final stage of disposition.
The authors determined the six-month and lifetime prevalence of psychiatric disorders among 100 consecutively admitted female offenders to a prison, using Diagnostic Interview Schedule (DIS Version III) and found high prevalence rates of schizophrenia, major depression, substance use disorders, psychosexual dysfunction, and antisocial personality disorders. The prevalence rates of these disorders were significantly higher than those of the general population. The authors note the implications of their findings for treatment of women within the correctional system.
The aims of this study were: (I) to identify all adults with learning disabilities living in residential homes or attending day services in the Cambridge Health District in contact with the criminal justice system during 1992; (2) to evaluate the responses of services involved; and (3) to investigate the attitudes of staff and the policies of the services to 'offending behaviour'. Details of offences committed and the response of the police, health and social services, and other agencies were obtained by direct interview with the senior staff and through examination of case records. The attitudes of staff to offending behaviour was investigated by the use of a semi-structured questionnaire. Seven (2%) out of 358 adults with learning disabilities were reported to have had contact with the police during 1992. The eight offences allegedly committed by the seven people were two acquisitive offences, two sexual offences, one assault, one wasting of police time, one offence against the Public Order Act and one traffic offence. One offender was cautioned after the Crown Prosecution Service discontinued the case because of lack of evidence, while the other alleged offenders received informal warnings. None of the seven alleged offenders were prosecuted. Three alleged offenders lived in hostel accommodation, yet hostel accommodation only accounts for 7.8% of adults with learning disabilities living in the Cambridge Health District. Because of a lack of operational policies on offending behaviour, there were no existing referral structures for people who might need specialist health service support. Referrals tended to be inconsistent, with a considerable time-lag between offence and referral. Tolerance levels towards offending behaviour were extremely high in the two hostels, 20 group homes and day centres which were included in this study. Theft and criminal damage was hardly ever reported. Thirty establishments were visited during the course of this study. Of these establishments, staff in 12 said they would always report a major assault. In only three would a sexual assault or indecent exposure always be reported if it was to occur. Staff at one residential establishment said they would hesitate to report rape and the staff in another two would consider the circumstances before reporting it to the police.
More than a million people in the UK have a learning disability. A small but significant proportion of these people will come into contact with the criminal justice system because they have offended or have been accused of an offence. This article reports on the perceptions of police officers toward this potentially vulnerable group and their knowledge of issues related to learning disabilities. Interview data were collected from eight police sergeants employed by Humberside Police and analysed using qualitative techniques. The article concludes that further training in the subject area is required. This is likely to be successful in the force under study due to their promotion of positive perceptions toward people with learning disabilities.
The prevalence of mental disorder in Michigan prisons Ann Arbor, MI, Michigan Department of Corrections Towards an epidemiology of relevant attributes
- H W Neighbors
- D H Williams
- T S Lipscomb
- W D Broman
- C Lepkowski
Neighbors H.W., Williams D.H., Gunnings T.S., Lipscomb W.D., Broman C. & Lepkowski J. (1987) The prevalence of mental disorder in Michigan prisons. Ann Arbor, MI, Michigan Department of Corrections. Nobel J.H. & Conley R.W. (1992) Towards an epidemiology of relevant attributes. In: Conley R.W., Luckasson R., Bouthilet G.N., editors. The criminal justice system and mental retardation. Defen-dants and victims, Baltimore, Paul H. Brookes: 17–53.
Persons at risk during interviews in police custody: the identification of vulnerabilities. Research study no. 12. The Royal Commission on Criminal Justice
- G H Gudjonsson
- I C H Clare
- S Rutter
- J Pearse
Gudjonsson G.H., Clare I.C.H., Rutter S. & Pearse J. (1993) Persons at risk during interviews in police custody: the identification of vulnerabilities. Research study no. 12. The Royal Commission on Criminal Justice. London, HMSO.
The University of Nottingham Using Grounded Theory in health psychol-ogy
- England
England, The University of Nottingham. Chamberlain K (1999) Using Grounded Theory in health psychol-ogy. In: Murray M, Chamberlain K, editors. London, Qualitative Health Psychology Sage: 183–201.
Simply criminal. Sydney, Federation Press The prevalence of mental disorders among penitentiary inmates
- Hayes S Craddock
Hayes S. & Craddock G. (1992) Simply criminal. Sydney, Federation Press. Hodgins S. & Cote G. (1990) The prevalence of mental disorders among penitentiary inmates. Can Ment Health, 38: 1–5.
Theoretical sensitivity. Mill Valley, California, USA, Sociology Press. Criminal justice attitudes and learning disabilities Glaser A
- A Glaser
Glaser A. (1978) Theoretical sensitivity. Mill Valley, California, USA, Sociology Press. Criminal justice attitudes and learning disabilities Glaser A. & Strauss A. (1967) The discovery of Grounded Theory.
The Prevalence of Psychiatric Disorder among Admissions to Prison. Paper presented at the 35th annual meeting of the American Society of Criminology Lifetime and 6-month prevalence of psychiatric disorders among sen-tenced female offenders
- Collins J J Schlenger
Collins J.J. & Schlenger W.E. (1983) The Prevalence of Psychiatric Disorder among Admissions to Prison. Paper presented at the 35th annual meeting of the American Society of Criminology; Denver, Colorado. Daniel A.E., Robins A.J., Reid J.C. & Wilfley D.E. (1988) Lifetime and 6-month prevalence of psychiatric disorders among sen-tenced female offenders. Bull Am Acad Psychiat Law, 16: 333–342.