People With Disabilities and Abuse of People With Disabilities and Criminal Justice

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Table of Contents

Introduction
Why people with disabilities are more vulnerable to Abuse and violence
People with disabilities in criminal justice system
Empowerment and interventions
Conclusion
References

Introduction

In the contemporary environment of judicial system, it is common to see more and more people with disabilities taking part, as either offenders or victims than they were years ago. Indeed, according to Williams (1999), people with disabilities are ten times likely to experience violence or abuse than people without disabilities.

In order to cap and punish people who deliberately abuse disabled people, the government has established measures to protect disabled people in its criminal justice. Moreover, disabled people require empowerment in order to identify and respond to abuse or violence.

Besides, people with disabilities need to know that there are supportive services and systems, which include victim assistance programs, the criminal justice system, and advocacy services.

However, the law does not provide adequate remedies and there is inequality in the criminal justice system. Moreover, it takes little cognizance of the special circumstances of people with disabilities (Parry et al. 2009, p.47).

The shortcomings exhibited by the judicial system have contributed significantly to the tribulations of the disabled who are left exposed and defenseless, resulting into their further injury during investigative and legal procedures (Henderson & Bryan, 2011). Besides, myths, stereotypes, and attitudes held by the public towards people with disabilities interfere with presentation of evidence.

Additionally, studies have indicated that people with disabilities are sometimes deterred from seeking criminal justice against acts committed against them; thus it becomes difficult to account for actual cases of abuse to disabled people.

Moreover, people with disabilities fail to report abuse from people they depend on since it can lead to losing their support. Indeed, only a few cases of the reported are brought to justice by the criminal justice system (Hauritz, 1998, p.198).

This paper reviews the relationship between people with disabilities and their exposure to violence and abuse. Further, the paper also explores disabled people in criminal justice systems at various stages namely with police, lawyers and courts and prisons.

Why people with disabilities are more vulnerable to Abuse and violence

Generally, persons with disabilities are more vulnerable to abuse due to contempt towards disabled people expressed by normal persons (Williams, 1999, p.38).

Factors that cause disabled people to be more vulnerable to abuse or violence include impaired cognitive abilities and judgment, physical disabilities, and insufficient adaptive behaviors. Additionally, constant interactions with caregivers who exploit them, lack of knowledge on how to protect themselves and living and working in high-risk environments increases the vulnerability to victimization (Luckasson, 1992).

Besides, some disabled people are kept in isolation in homes or in institutions and they do not know that victimization against them is condemned. Further, the disabled always vulnerable to exploitation by other criminals who usually take advantage of their weaknesses and in the process involve them in their evil acts.

People with disabilities are unable to report crime committed to them due to isolation, communication and mobility barriers, ignorance of the judicial system and feeling of shame (Emerson, p.482).

People with disabilities are often especially vulnerable to crime, and some of the most objectionable of cases involve exploitation and abuse of those who have not been able to understand or assert their rights. Further, persons with disabilities are commonly exposed to many types of abuse namely sexual abuse, violence, and neglect.

Additionally, persons with disabilities possess characteristics or experience social and economic conditions that expose them to criminal activities (Hassan & Gordon, 2003, P.4).

Primarily, offenders with disabilities tend to possess the following traits; they are mostly male, have experienced social disadvantages, and exposed to unstable environment. Moreover, persons with disabilities have unstable emotions which lead to them to commit offenses (Snooks, 2008, p.357).

People with disabilities in criminal justice system

According to Parry et al (2009, p.47), people with disabilities in criminal justice system are more vulnerable to abuse, neglect, and violation of their constitutional rights. Indeed many people with disabilities especially intellectual disability are ill equipped to cope with the criminal justice system.

The criminal justice system redefines criminal acts committed to people with disabilities; which moderate the seriousness of crimes committed (Hauritz, 1998, p.200).

For example, people with mental disabilities are excluded from legal systems, since they are perceived to be unfit to provide any evidence, thus increasing chances of victimization. Further there are inherent misconceptions and beliefs regarding people with disabilities which affect how the criminal justice treats disabled people (Henderson & Bryan, 2011, p.3).

Most cases in criminal justice are dropped before finalization since the prosecution authorities do not take evidence from disabled especially mentally challenged people seriously (Williams, 1998, p.35). Additionally, persons with disabilities are highly affected by depression and low self esteem which affects their interaction with criminal justice system (Snooks, 2008, p.357).

Offenders or suspects with mental disabilities are not considered since the judicial system presumes that the defendants claim mental disability to benefit themselves (Parry, et al., 2009).

In deed failure of the policing authority to deal with minor offences against disabled person conclusively has led to toleration of serious crimes without launching complains. Besides persons with intellectual or mental disabilities have difficulties interaction all stages of legal structure.

Moreover, the criminal justice systems do not have adequate correction facilities to handle persons with disabilities. Besides, persons with developmental disabilities are preserved to be violent which leads to incarceration for long duration and in isolation (Hassan & Gordon, 2003, P.5). Further, there is no proper assessment of level or degree of disability.

There exist inconsistencies regarding various techniques used in testing competency of disabled persons. Thus, there is uncertainty on which disabled persons are competent enough to stand trial or take responsibility for criminal activities.

Besides few police, lawyers or other staffs in criminal justice system are trained on how to handle issues related to persons with disabilities. Additionally, various studies have also indicated that people with intellectual disabilities are highly represented in the criminal and juvenile justice systems.

On the other hand criminal justice systems have made changes in order to facilitate accessibility; these changes include installation of wheelchair ramps and provision of hearing and visual aids (Harr & Hess, 2007, p.104).

Empowerment and interventions

The persons with disabilities require empowerment in order to help them to identify abuse and available channels of reporting and launching complaints. This can be achieved through training social workers who in turn can train and empower persons with disabilities.

In addition, there is need to train police, lawyers and other persons in the criminal justice system on how to interact with persons with disabilities. Importantly, the legal structures and policies may have to be reformed in order to incorporate the special needs of persons with disabilities.

Besides, persons in criminal justice system need to specialized attention in order to prevent victimization. In deed some offences committed by persons with disabilities could be easily prevented by identifying sufferers early and offering support through counseling. According to Emerson (2004) intervention programs like behavior management programs can deter persons with disabilities from committing offenses.

Generally, incarcerated persons with disabilities need specialized health care which is preferably should be provided by public health officers rather than criminal justice system. Moreover, victims of abuse or violence require support, treatment and counseling after court appearances (Grant et al. 2005).

Conclusion

Persons with disabilities are exposed to the criminal justice systems as victims, offenders or witness. The social believes held by a culture influence how persons with disabilities are treated in the community. Disabled persons require criminal justice system to be accessible to them and to hear them without any prejudice.

The criminal justice system has not adapted its proceeding in recognition of special needs of people with disabilities (Williams, 1999, p.39). There is no available method of testing and hence identifying persons with some forms of disabilities. Thus there is overrepresentation of individuals with disabilities in relation to crime and in probation services.

Disabled persons need empowerment and counseling so as to facilitate them to handle all issue at all levels of criminal justice. Besides, the police, lawyers need to be trained on how to interact with persons with disabilities. In addition, legal and policy reforms are necessitated, which accommodate the needs of persons with disabilities.

For example legislation that regulates the making of decisions on behalf of people with disabilities requires reforms (Hauritz, 1998, p.200). Further, identification of persons with development disabilities requires multiple competency assessment in to ascertain competency level. The society perception of disability is one factor that influences how disabled persons are treated in the community.

References

Emerson, E. (2004).The international handbook of applied research in intellectual disabilities. West Sussex: John Wiley and Sons.

Grant, G. et al. (2005). Learning disability: a life cycle approach to valuing people. NY: McGraw-Hill International.

Harr, J. S. & Hess, K. M. (2007). Constitutional Law and the Criminal Justice System. Belmont: Cengage Learning.

Hassan, S. & Gordon, R. M., (2003). Developmental Disabilities, Crime, and Criminal Justice. Retrieved from http://www.sfu.ca/crc/fulltext/hassangordon.pdf

Hauritz, M. (1998). Justice for People with Disabilities: Legal and institutional issues. Sydney: Federation Press.

Henderson, G. & Bryan, W. (2011). Psychosocial Aspects of Disability. IL: Charles C Thomas Publisher.

Luckasson, R. (1992). People with mental retardation as victims of crime. In R.W. Conley, R. Luckasson, & G.N. Bouthilet (Eds.). The criminal justice system and mental retardation. Baltimore: Paul H. Brookes Publishing Co.

Parry, J. et al. (2009). Criminal mental health and disability law, evidence and testimony: a comprehensive reference manual for lawyers, judges, and criminal justice professionals. IL: American Bar Association.

Snooks, M. (2008). Health Psychology: Biological, Psychological, and Sociocultural Perspectives. Ontario: Jones & Bartlett Learning.

Williams, B. (1999). Working with Victims of Crime: Policies, Polities and practice. London: Jessica Kingsley Publishers.

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