Missing out: offenders with learning disabilities and the criminal justice system

Hayes, Susan

doi:10.1111/j.1468-3156.2007.00465.x

Cited by 43 publications

(51 citation statements)

References 16 publications

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“…1995; Talbot 2008). The disadvantaged position of people with learning disabilities in mainstream society (Barnes 1991) does not significantly improve within the criminal justice system (Hayes 2007). When people with learning disabilities come to the attention of criminal justice authorities, responses tend to be extreme with the offender being either acquitted or given the maximum punishment with no or little chance of rehabilitation (Cockram 2005).…”

Section: Introductionmentioning

confidence: 99%

Learning disabilities and criminal justice: custody sergeants’ perceptions of alleged offenders with learning disabilities

Hellenbach

2011

Brit J Learn Disabil

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Accessible summary In this study, 15 custody sergeants from Cheshire, Merseyside and Greater Manchester were interviewed regarding their opinions and attitudes towards offenders with learning disabilities. It became evident that there was a lot of confusion about what characterises a person with learning disabilities. The provision of support to offenders with learning disabilities, particularly the availability of an appropriate adult, depended on the custody sergeant’s professional identity. Pressure resulting from performance targets further compromised a detainee’s needs for support to be sufficiently considered by custody sergeants when processing arrestees. Summary Recent research demonstrates that despite increased attention and awareness by politicians and decision‐makers, people with learning disabilities are still disadvantaged when engaging with the criminal justice system. It has been argued that shortcomings in providing support are because of criminal justice professionals lacking necessary skills and competencies in identifying and dealing with people who have learning disabilities. This study draws on qualitative data generated through unstructured interviews with custody sergeants from three different constabularies. It is argued that learning disability is constructed in relation to concepts of fairness and justice, which a custody sergeant may utilise in accordance with their perception of professional identity. These constructs influence custody sergeants in their decision about how individual detainees should be treated and what kind of support should be made accessible to them whilst being detained.

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Section: Introductionmentioning

confidence: 99%

Learning disabilities and criminal justice: custody sergeants’ perceptions of alleged offenders with learning disabilities

Hellenbach

2011

Brit J Learn Disabil

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“…Early identification is important in order to provide appropriate support and treatment that takes into account clients' cognitive limitations. When the presence of ID is not recognized, the individual may wrongfully be considered as being uncooperative, behaviorally disordered, or psychological disturbed (Hayes, 2005(Hayes, , 2007. A misinterpretation of behavior or misdiagnosis, e.g.…”

Section: Introductionmentioning

confidence: 99%

“…A misinterpretation of behavior or misdiagnosis, e.g. of a mental illness instead of ID, may lead to a placement in a unit which is inappropriate to meet the needs of the individual and will ultimately result in ineffective interventions (Hayes, 2005(Hayes, , 2007.…”

Section: Introductionmentioning

confidence: 99%

Screening for intellectual disability in persons with a substance abuse problem: Exploring the validity of the Hayes Ability Screening Index in a Dutch-speaking sample

Vanheule

Vanderplasschen

et al. 2015

Research in Developmental Disabilities

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There is an increasing interest in screening instruments to detect Intellectual Disability (ID) in a quick and accurate way in mental health services as well as in the criminal justice system in order to provide appropriate support for people with undetected needs caused by ID. An instrument that has been proven to be useful in both settings is the Hayes Ability Screening Index (HASI). This study assessed the validity of the Dutch version of the HASI in persons with a substance abuse problem residing in mental health services, whether or not mandated to treatment by court order. The HASI was conducted along with the Wechsler Adult Intelligence Scale III as the criterion for validity to 90 participants. Additionally, the influence of psychiatric disorder and medication use on the HASI result was examined. A significant positive relationship was found between the two instruments, demonstrating convergent validity. Using a Receiver Operating Characteristic (ROC) curve analysis, the discriminative ability of the HASI with a cut-off score of 85 was found to be adequate, yielding in a good balance between sensitivity and specificity. The HASI was not distorted by the presence of the substance abuse problem or other psychiatric illnesses and medication did not influence the HASI scores in this study. These findings indicate that the HASI provides a time-efficient and resource-conscious way to detect ID in persons with a substance problem, thus addressing a critical need in mental health settings.

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“…According to Hayes (2007), organizations established for the purpose of defending the rights and interests of people with intellectual disabilities show little interest in potential members that have been imprisoned. In fact, the status of being a (former) inmate leads people to define them as 'dangerous' and thereby as unfit to be integrated with others with similar disabilities (Jones, 2007).…”

Section: Multiple Stigma: Merging Imprisonment With Intellectual Disamentioning

confidence: 99%

A theoretical model of multiple stigma: ostracized for being an inmate with intellectual disabilities

Gausel

Thørrisen²

2014

jssccp

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Missing out: offenders with learning disabilities and the criminal justice system

Cited by 43 publications

References 16 publications

Learning disabilities and criminal justice: custody sergeants’ perceptions of alleged offenders with learning disabilities

Learning disabilities and criminal justice: custody sergeants’ perceptions of alleged offenders with learning disabilities

Screening for intellectual disability in persons with a substance abuse problem: Exploring the validity of the Hayes Ability Screening Index in a Dutch-speaking sample

A theoretical model of multiple stigma: ostracized for being an inmate with intellectual disabilities

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