Special Challenges for Persons with Disabilities in the Criminal Justice System: Introduction to the Special Issue

2011 ◽  
Vol 19 (4) ◽  
pp. 211-218 ◽  
Author(s):  
Edward A. Polloway ◽  
James R. Patton ◽  
Tammy Smith ◽  
Julia Beyer ◽  
Jenevive W. Bailey
2008 ◽  
Vol 46 (3) ◽  
pp. 183-189 ◽  
Author(s):  
Scott J. Modell ◽  
Suzanna Mak

Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.


2018 ◽  
Vol 29 (6-7) ◽  
pp. 527-535 ◽  
Author(s):  
Preeti Chauhan ◽  
Jeremy Travis

To date, the enforcement of lower level offenses and the criminal justice system’s response to these enforcement actions has received little scholarly attention. To address this gap in scientific research, the Misdemeanor Justice Project (MJP) commissioned nine scholarly papers focused on criminal justice responses to lower level offenses. Each of the papers in this volume is guided by one of four overarching themes, including officer discretion; the impact of lower level enforcement on individuals, communities, and institutions; pretrial detention and diversion; and court processing and legal representation. As a collection, these papers serve as a launching pad for the development of a body of research in a critical and opaque area of our criminal justice system as well as highlight areas for future research.


2021 ◽  
pp. 104420732110263
Author(s):  
Piers Gooding ◽  
Bernadette McSherry ◽  
Anna Arstein-Kerslake

This article outlines a project in which supported decision-making (SDM) and broader support to exercise legal capacity were provided to accused persons with cognitive disabilities in the Australian criminal justice system. The program was developed to advance the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to unfitness to plead laws. The researchers collaborated with three community legal services in three Australian jurisdictions. Four nonlegal “disability support people” were trained to work with accused persons alongside legal counsel to maximize their participation in the trial process and avoid the need for unfitness to plead determinations under current laws. The article draws on qualitative research conducted in the form of interviews with clients, lawyers, and support persons. The findings provide an evidence base for implementing SDM for persons with disabilities in the criminal justice system. It also helps answer the question of whether unfitness to plead laws should be repealed in pursuit of a “universally accessible” justice system in line with the CRPD.


2020 ◽  
Vol 48 (1) ◽  
pp. 3-9
Author(s):  
Matthew W. Epperson ◽  
Amy Blank Wilson ◽  
Gina Fedock

This paper describes the concept of “Smart Decarceration” and introduces the special issue of Criminal Justice and Behavior entitled “Research to Advance Smart Decarceration Policies, Programs, and Interventions.” The concept of Smart Decarceration originated nearly a decade ago as the United States reached a tipping point in mass incarceration, and it focuses on three interrelated outcomes: substantially reducing the use of incarceration and other forms of punishment; reversing racial disparities and other inequities in the criminal justice system; and promoting safety and well-being, particularly for communities that have been most impacted by mass incarceration. Ultimately, Smart Decarceration efforts should prioritize reducing the overall footprint of the criminal justice system, while building capacity outside of the system to support safety, health, and well-being. Research plays a critical role in advancing Smart Decarceration, as new forms of knowledge and evidence must be developed to replace ineffective and unjust policies and practices associated with mass incarceration. The paper discusses approaches to research that move beyond typical criminal justice outcomes and focus on the multifaceted goals of Smart Decarceration. The six articles in this special issue are introduced, highlighting their foci across ecological levels and the breadth of the criminal justice continuum, centering populations most impacted by incarceration, and identifying practice and policy innovations.


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