Experiences of people with learning disabilities in the criminal justice system

Abstract

Accessible Summary Many people with learning disabilities are caught up in the criminal justice system. Yet few studies have explored what this is like for them. The available research suggests that people with learning disabilities often feel alone and afraid when they are caught up in the criminal justice system. They do not understand what is happening to them, and they feel like there is no one they can turn to for support. The findings raise concerns about how people with learning disabilities are treated within the criminal justice system, and whether their rights are being respected. Further research is needed to better understand the experiences and support needs of people with learning disabilities who are caught up in the criminal justice system. Summary The aim of this review is to synthesise findings from research about the experiences of people with learning disabilities who have faced arrest and jail time. After an extensive search of the literature, four relevant articles were found. The first‐person accounts presented in these four studies were pooled, and a thematic analysis was undertaken. Three common themes were identified: (i) study participants did not understand what was happening to them, or why, (ii) they felt alone, and they did not know where to turn, or to whom for support and (iii) they were uncertain about what to say or do. Overall, the findings raise concerns about the treatment of people with learning disabilities in the criminal justice system and their access to procedural justice. Further research is needed to improve understanding of their experiences and support needs. There is unequivocal evidence that persons with learning disabilities are over‐represented in the prison population. To date however, few studies have investigated their first‐hand experience, including their experiences of being interrogated, of standing trial, serving time and transitioning back into the community. The purpose of this review is to draw what insights we can from the limited available data and to identify directions for future research.

The “appropriate adult”: What they do and what they should do in police interviews with mentally disordered suspects

“…The process of being arrested and taken into police custody is intrinsically stressful (Newburn, 2013); someone with an existing mental disorder is likely to find it exceptionally so (HM Inspectorate of Constabulary, 2015). Vulnerable suspects have reported that they often do not understand what is happening or why, and highlight uncertainty about what to say or do when being interviewed by the police (Hyun, Hahn, & McConnell, 2014). Perhaps as a partial consequence, research has consistently shown that suspects with mental disorder are at heightened risk of falsely confessing to crimes (Kassin & Gudjonsson, 2004;Littlechild, 2001;Redlich, 2004).…”

The ‘New Normal’: Framing Vulnerability, Entitlement and Responsibility in Police Custody in Austere Times

“…Recent research further indicates that 'mentally vulnerable' people in custody did not understand what was happening to them or why, said that they felt alone, they did not know who to turn to for support and that they were uncertain about what they should say and do (Hyun et al, 2014). Despite discussions relating to evidential requirements outlined above, the authors here proceed on the basis that there is a need for Appropriate Adult services to emotionally support people who have been identified as being 'vulnerable' throughout a difficult and stressful experience.…”

Comparison of social circumstances, substance use and substance‐related harm in soon‐to‐be‐released prisoners with and without intellectual disability

“…cardiovascular disease) (Dias et al 2012(Dias et al , 2013. Prisoners with ID are also at increased risk of social isolation during incarceration and confusion about their circumstances, which can lead to institutionalisation and becoming trapped in the 'revolving door of prison' through continued recidivism (Holland & Persson 2011;Hyun et al 2013).…”