Prisoners' voices: experiences of the criminal justice system by prisoners with learning disabilities

2010 ◽  
Vol 15 (3) ◽  
pp. 33-41 ◽  
Author(s):  
Jenny Talbot
Author(s):  
Gemma Cino

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.


2015 ◽  
Vol 6 (3/4) ◽  
pp. 175-186
Author(s):  
Fellex Mediseni ◽  
Michael Brown

Purpose – The Purpose of this paper is to identify and explore the views and experiences of specialist learning disability (LD) health service professionals regarding the management of and support offered to people with LD when they come into contact with the Scottish criminal justice system (CJS). Design/methodology/approach – A qualitative design was adopted for this study due to the limited existing evidence in the area and the need to start to build and develop understanding of the phenomena under study. A purposive sampling procedure was used to select participants from an accessible population within one Scottish NHS Health Literature review, qualitative research, semi-structured interviews and thematic analysis. Findings – The findings identified three key themes challenges in practice; the need for additional resources; and the ability of services to provide management and support. Originality/value – The findings serve to contribute to the understanding of the role and contributions made by and required from specialist LD health services to manage and support people with LD in the Scottish CJS.


Author(s):  
Ruth Howard ◽  
Emma Phipps ◽  
Jane Clarbour ◽  
Kelly Rayner

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.


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