A descriptive analysis of sentencing decisions by the Canadian criminal justice system of people with intellectual disabilities convicted with sexual offences

2021 ◽  
Vol 78 ◽  
pp. 101730
Author(s):  
Syeda Hashmi ◽  
Deborah Richards ◽  
J. Paul Fedoroff
Keyword(s):  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Criminal Justice System ◽  
Justice System ◽  
Descriptive Analysis ◽  
Sexual Offences ◽  
Sentencing Decisions ◽  
People With Intellectual Disabilities

Addressing vulnerability in Ireland’s criminal justice system: A survey of recent statutory developments

2020 ◽  
Vol 24 (3) ◽  
pp. 280-306 ◽  
Author(s):  
Alan Cusack
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Crime Victims ◽  
Sexual Offences ◽  
System A ◽  
Victims Of Crime

For over a quarter of century Ireland’s statutory special measures framework, as originally enacted by the Criminal Evidence Act 1992, remained largely unchanged, falling beyond the reformative gaze of successive Irish governments. This period of political inertia, however, came to an abrupt end in 2017 when Irish policymakers, motivated by developments at a European Union level, introduced two landmark legislative instruments which promised to reimagine the availability and diversity of Ireland’s store of statutory testimonial accommodations, namely the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017. By interrogating these newly-commenced instruments in light of the experience of crime victims with intellectual disabilities, this paper surveys the current procedural landscape governing the treatment of vulnerable crime victims in Ireland and is intended to go some way towards exposing the embedded evidential barriers which continue to prejudice efforts aimed at securing their best evidence in court.

Does substance use predict contact with the criminal justice system for people with intellectual disabilities?

2014 ◽  
Vol 5 (3) ◽  
pp. 147-153 ◽  
Author(s):  
Eddie Chaplin ◽  
Ilias Partsenidis ◽  
Blessing Samuriwo ◽  
Lisa Underwood ◽  
Jane McCarthy
Keyword(s):  
Substance Use ◽  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Criminal Justice System ◽  
Justice System ◽  
Alcohol Misuse ◽  
Content Type ◽  
History Of ◽  
People With Intellectual Disabilities ◽  
Clinical Records

Purpose – The purpose of this paper is to examine how substances misuse impacts on exposure to the criminal justice system for people with intellectual disabilities (ID). Design/methodology/approach – An electronic case-register of mental health patients was used to examine the clinical records of 411 patients with ID. χ2 analysis was performed to test the association between variables and logistic regression to generate estimates for statistically significant association variables. Findings – Of 411 cases, 98 (23 per cent) of patient had a history of substance use, with affective disorders strongly associated with alcohol misuse χ2=4.135, df=1 (p<0.042), similarly statistically significant predictor for alcohol misuse OR: 1.7, 95 per cent CI (1.02-2.72) (p<0.043). Patients with a history of offending behaviour had three-folds higher risk to misuse drugs compared to those without a forensic conviction OR: 3.17, 95 per cent CI (1.35-7.44) (p<0.008). Those with a history of offending were more likely to have had a history of substance use. Originality/value – Substance use and its impact on offending by people with ID is still poorly understood. This paper adds new information to this under researched area.

scholarly journals ‘Blocked at every level’: criminal justice system professionals’ experiences of including people with intellectual disabilities within a targeted magistrates’ court

2020 ◽  
Vol 11 (3) ◽  
pp. 133-144
Author(s):  
Darren David Chadwick ◽  
Caroline Wesson
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Criminal Justice System ◽  
Justice System ◽  
Information Transfer ◽  
Health Issues ◽  
Content Type ◽  
Mental Health Issues ◽  
People With Intellectual Disabilities

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.

Reflections on systemic barriers for ethnic minorities in accessing community-based forensic services for people with intellectual disabilities and autism

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mercedez Coleman
Keyword(s):  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Ethnic Minority ◽  
Criminal Justice System ◽  
Ethnic Minorities ◽  
Justice System ◽  
Community Based ◽  
Content Type ◽  
People With Intellectual Disabilities ◽  
Systemic Barriers

Purpose Community-based forensic support services (CBFSSs) were commissioned nationally by National Health Service (NHS) England in 2017 in response to “Building the Right Support” (NHS England, 2015). CBFSSs provide multidisciplinary support to adults with intellectual disabilities and/or autism who are in (or at risk of) contact with the criminal justice system and those transitioning from inpatient secure care. This paper aims to highlight potential systemic barriers to accessing community forensic services for people from an ethnic minority background. in one CBFSSs in Northern England. Design/methodology/approach This paper provides preliminary reflections on potential systemic barriers within the criminal justice system and health-care services that have implications for service users from ethnic minority backgrounds accessing CBFSSs. Findings There is a paucity of data, policy and literature that focuses on people with intellectual disabilities and autism with forensic needs from ethnic minority backgrounds. This lack of data obstructs further reforms to meet the needs of this population. Originality/value CBFSSs are commissioned across England. While some regional variation is to be expected, services should be aware of the systemic barriers people from ethnic minority backgrounds within their region face. These barriers should be considered and addressed when evaluating service efficacy and delivery. Recommendations are made to review and address issues of under-representation of ethnic minorities within CBFSSs.

scholarly journals Challenges of Effective Communication in the Criminal Justice Process: Findings from Interviews with Victims of Sexual Offences in Australia

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 31
Author(s):  
Rhiannon Davies ◽  
Lorana Bartels
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sexual Offending ◽  
Qualitative Interviews ◽  
Effective Communication ◽  
Skills Training ◽  
Sexual Offences ◽  
Justice Process ◽  
Criminal Justice Process

This article focuses on gendered experiences of the criminal justice system, specifically the experiences of adult female victims of sexual offending and the communication difficulties they experience during the criminal justice process. Drawing on the findings from qualitative interviews about sentencing with six victims and 15 justice professionals in Australia, we compare the lived experiences of the victims with the perceptions of the justice professionals who work with them, revealing a significant gap between the information justice professionals believe they are providing and the information victims recall receiving. We then analyse the international literature to distil effective communication strategies, with the goal of improving victims’ experiences of the criminal justice system as a whole. Specifically, we recommend verbal communication skills training for justice professionals who work with victims of crime and the development of visual flowcharts to help victims better understand the criminal justice process. We also recommend that Australian victims’ rights regimes be reformed to place the responsibility for providing information about the criminal process on the relevant justice agencies, rather than requiring the victim to seek this information, and suggest piloting automated notification systems to help agencies fulfil their obligations to provide victims with such information.

Leniency for Lethal Ladies: Using the Actor–Partner Interdependence Model to Examine Gender-Based Sentencing Disparities

2019 ◽  
Vol 23 (4) ◽  
pp. 319-343
Author(s):  
Emma E. Fridel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Gender Bias ◽  
Justice System ◽  
Female Offenders ◽  
Differential Treatment ◽  
Sentencing Decisions ◽  
Actor Partner Interdependence Model ◽  
Gender Based ◽  
To Receive

Research has shown that female offenders typically receive differential treatment in the criminal justice system in comparison to their male counterparts, even for extreme crimes like murder. This study compares the criminal sentences of 300 homicide offenders who killed at least two victims with a single co-offender (150 pairs) within their dyads using the actor–partner interdependence model (APIM) to determine if gender has an effect on leniency for even the most extreme crimes. Women were less likely to receive the harshest possible punishment, regardless of their partner’s gender. These findings provide support for the female leniency effect, suggesting that gender bias continues to influence sentencing decisions for homicide.

scholarly journals Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 147
Author(s):  
Nur Dwi Edie W ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Field Observation ◽  
Justice System ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Observation Methods ◽  
Case Number

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code.�Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.

scholarly journals Court support workers speak out: Upholding children’s rights in the criminal justice system

2016 ◽  
Author(s):  
Loraine Townsend ◽  
Samantha Waterhouse ◽  
Christina Nomdo
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Victims ◽  
Sexual Offences ◽  
Rights Of The Child ◽  
Victims Of Sexual Abuse

The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child’s testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children’s rights.

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