Abstract:People with learning disability form an important group among those arrested by the police. Whilst Robertson et al. (1995) estimated the proportion of those arrested with a learning disability in England and Wales to be small (less than 1%), Lyall et al. (1995), in a sample of 251 arrestees taken to a Cambridge police station over a three-month period, found that 11.5% had received special education and 4.4% had attended schools for children with moderate learning difficulties. Gudjonsson et al. (1993) found t… Show more
“…They are also likely to possess characteristics which seriously disadvantage them in the criminal justice system, including difficulties in their expressive and receptive skills, concrete thinking patterns, memory problems, short attention span, a desire to please others (particularly authority figures), suggestibility, inability to understand their rights, impaired judgement, pretending to understand what is being said to them and attempting to conceal their disability (Cockram, Jackson, & Underwood, 1998;Cooper & Grisso, 1997;Hayes, 1994;Howard & Tyrer, 1998;Ierace, 1989;Jackson, Cockram, & Underwood, 1994;Lyall, Holland, & Collins, 1995;Prosser & Bromley, 1998;Turk, 1989). These characteristics will impact on their capacity to participate meaningfully in their trial (Birgden & Thomson, 1999).…”
Section: Discussionmentioning
confidence: 99%
“…They are also more likely to confess to a crime they did not commit due to their acquiescence and desire to please authority figures (Bull, 1995;Cockram et al, 1998;Howard & Tyrer, 1998;Turk, 1989) and are more suggestible (Prosser & Bromley, 1998;Turk, 1989). At the pretrial stage, people with an intellectual disability are more likely to be remanded in custody for a variety of reasons, including not understanding their bail conditions, previous breaches of bail conditions or lack of appropriate supports, accommodation and resources / 2000Hayes, 1993Hayes, /1994Jackson et al, 1994;Lyall, Holland, & Collins, 1995).…”
Section: Please Scroll Down For Articlementioning
confidence: 93%
“…People with an intellectual disability are more likely to be detained for questioning and/or arrested (Cockram, 1998;Hodgins, 1992;Lyall, Holland, & Collins, 1995) and fail to understand their legal rights Cockram, Jackson & Underwood, 1998;Howard & Tyrer, 1998;Ierace, 1989;Jackson, Cockram, & Underwood, 1994). They are also more likely to confess to a crime they did not commit due to their acquiescence and desire to please authority figures (Bull, 1995;Cockram et al, 1998;Howard & Tyrer, 1998;Turk, 1989) and are more suggestible (Prosser & Bromley, 1998;Turk, 1989).…”
R esearch conducted in Australia and around the world in the last decade has shown that people with significant intellectual impairments are over-represented in all areas of the criminal justice system. They are particularly over-represented in remand populations appearing before court. Previous research has suggested that as many as one-quarter of offenders facing sentencing in court have difficulty in understanding court procedures and it is suspected that a majority of these individuals suffer a significant intellectual impairment. The purpose of this study was to establish whether remandees with significant intellectual impairments (IQ < 70) have an accurate understanding of the court system. Seventy-four remand prisoners took part in the study. Remandees with an IQ of less than 70 demonstrated a significantly poorer understanding of the court system than those remandees with an IQ of 70 and above. The implications of these results are discussed in relation to the need for law reform and diversionary practices for this population of remandees.
“…They are also likely to possess characteristics which seriously disadvantage them in the criminal justice system, including difficulties in their expressive and receptive skills, concrete thinking patterns, memory problems, short attention span, a desire to please others (particularly authority figures), suggestibility, inability to understand their rights, impaired judgement, pretending to understand what is being said to them and attempting to conceal their disability (Cockram, Jackson, & Underwood, 1998;Cooper & Grisso, 1997;Hayes, 1994;Howard & Tyrer, 1998;Ierace, 1989;Jackson, Cockram, & Underwood, 1994;Lyall, Holland, & Collins, 1995;Prosser & Bromley, 1998;Turk, 1989). These characteristics will impact on their capacity to participate meaningfully in their trial (Birgden & Thomson, 1999).…”
Section: Discussionmentioning
confidence: 99%
“…They are also more likely to confess to a crime they did not commit due to their acquiescence and desire to please authority figures (Bull, 1995;Cockram et al, 1998;Howard & Tyrer, 1998;Turk, 1989) and are more suggestible (Prosser & Bromley, 1998;Turk, 1989). At the pretrial stage, people with an intellectual disability are more likely to be remanded in custody for a variety of reasons, including not understanding their bail conditions, previous breaches of bail conditions or lack of appropriate supports, accommodation and resources / 2000Hayes, 1993Hayes, /1994Jackson et al, 1994;Lyall, Holland, & Collins, 1995).…”
Section: Please Scroll Down For Articlementioning
confidence: 93%
“…People with an intellectual disability are more likely to be detained for questioning and/or arrested (Cockram, 1998;Hodgins, 1992;Lyall, Holland, & Collins, 1995) and fail to understand their legal rights Cockram, Jackson & Underwood, 1998;Howard & Tyrer, 1998;Ierace, 1989;Jackson, Cockram, & Underwood, 1994). They are also more likely to confess to a crime they did not commit due to their acquiescence and desire to please authority figures (Bull, 1995;Cockram et al, 1998;Howard & Tyrer, 1998;Turk, 1989) and are more suggestible (Prosser & Bromley, 1998;Turk, 1989).…”
R esearch conducted in Australia and around the world in the last decade has shown that people with significant intellectual impairments are over-represented in all areas of the criminal justice system. They are particularly over-represented in remand populations appearing before court. Previous research has suggested that as many as one-quarter of offenders facing sentencing in court have difficulty in understanding court procedures and it is suspected that a majority of these individuals suffer a significant intellectual impairment. The purpose of this study was to establish whether remandees with significant intellectual impairments (IQ < 70) have an accurate understanding of the court system. Seventy-four remand prisoners took part in the study. Remandees with an IQ of less than 70 demonstrated a significantly poorer understanding of the court system than those remandees with an IQ of 70 and above. The implications of these results are discussed in relation to the need for law reform and diversionary practices for this population of remandees.
“…Desde hace más de dos décadas, este grupo particularmente vulnerable ha recibido gran atención en el ámbito de la justicia penal en diferentes países, y sobre todo en aquellos países donde la policía tiene la facultad de interrogar a las personas detenidas, dado que se ha detectado que las personas con discapacidad sometidas a la justicia penal tienen dificultades para comprender sus derechos, son más sugestionables, más aquiescentes, y pueden auto incriminarse a través de confesiones falsas (Howard y Tyrer, 1998).…”
Las personas con discapacidad intelectual y psicosocial se encuentran sobrerrepresentadas en el ámbito de la justicia penal. La falta de identificación adecuada en las primeras etapas suele perdurar a lo largo de todo el proceso penal. Objetivo: determinar qué cantidad de personas con discapacidad intelectual o psicosocial que se encontraban detenidas sospechosas de la comisión de un delito fueron detectadas por parte del personal médico de la policía en la Ciudad de Buenos Aires. Materiales y métodos: estudio observacional de tipo retrospectivo de 70 casos de personas detenidas. Resultados: la muestra analizada fue de 47 casos de personas detenidas. De estas, 29 presentaban diagnóstico de discapacidad intelectual y 18 de discapacidad psicosocial. El personal médico de la policía realizó 61 evaluaciones. Sólo en el 8 % de las evaluaciones se detectó discapacidad. En ninguno caso se implementaron apoyos y/o ajustes en el procedimiento. Se deben implementar estrategias para mejorar la detección temprana de las personas con discapacidad sometidas a un proceso penal.
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