The experience of law enforcement officers interfacing with suspects who have an intellectual disability – A systematic review

Gulati, G. Mitu; Kelly, Brendan D.; Cusack, Alan; Kilcommins, Shane; Dunne, Colum P.

doi:10.1016/j.ijlp.2020.101614

Cited by 15 publications

(15 citation statements)

References 46 publications

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“…While there is evidence that CIT programs can improve response to people experience mental health crises (Watson et al ., 2017), and it may carry some benefits for people with I/DD, its primary focus is on mental illness. The literature supports a need for I/DD-specific training for officers to support them in identifying and communicating effectively (Gulati et al. , 2020; Henshaw and Thomas, 2012; Sarrett and Ucar, 2021).…”

Section: Discussionmentioning

confidence: 97%

“…Second, individuals with I/DD in our data are identified based on officers' perceptions. Multiple studies indicate that officers identify people with I/DD based on physical appearance and behavior (Gulati et al, 2020;Henshaw and Thomas, 2012). Based on their work in the Australian context, Henshaw and Thomas (2012) note that officers may miss more subtle signs of cognitive disability, which creates questions about the reliability of officer identification, leading to underestimates of the true frequency of officer contact with people with I/DD.…”

Section: Discussionmentioning

confidence: 99%

“…This could lead officers to construe the behavior of individuals with I/DD as threatening or related to crime and to respond accordingly (Modell and Cropp, 2007;Bailey et al, 2001). A recent systematic review of the literature on officers' experiences with suspects with intellectual disability that included studies from five countries (Gulati et al, 2020) recommended the development of training for law enforcement officers that includes content on identifying people with intellectual disabilities needing support, dispelling stereotypes and misconceptions and enhancing procedural safeguards. The authors also highlighted the need for policy that provides guidance to officers in responding to people with intellectual disabilities, as well as measures to support communication and other practical safeguards.…”

Section: Introductionmentioning

confidence: 99%

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Police encounters with individuals perceived as having intellectual or developmental disabilities: an examination of encounter characteristics from two studies

Watson

Phan

Compton

2022

PIJPSM

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PurposeVery little is known about the frequency and nature of police contacts with individuals with intellectual or developmental disabilities (I/DDs). The purpose of the study is to examine the characteristics of police contacts with persons with I/DD and how they differ from other behavioral health-related encounters.Design/methodology/approachThe authors draw on data from two large National Institute of Mental Health (NIMH)-funded studies of police response to mental/behavioral health crises and the Crisis Intervention Team (CIT) approach. Both projects used the same incident report form. The authors examine detailed information from 219 calls in which officers perceived that the subject had I/DD, either alone or co-occurring with a mental illness or substance use disorder and compared them with calls in which I/DD was not indicated (n = 1,305).FindingsCalls with subjects with I/DD most frequently occurr ed in homes or on the street and were resolved without formal action. The most frequent subject symptoms/behaviors noted were confusion and anxiety. Some differences from calls with individuals without I/DD were noted in term of presentation and outcomes.Research limitations/implicationsData relied on officer perception of subject having I/DD, which may miss more subtle indicators.Social implicationsThere is a need for specific research attention to police contacts with persons with I/DD that differentiates those contacts from other behavioral health-related encounters.Originality/valueThere is still much the authors do not know about police contacts with persons with I/DD. However, findings provide a preliminary glimpse into the nature of these contacts and suggest they may differ somewhat from other behavioral health related police encounters.

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Section: Discussionmentioning

confidence: 97%

Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Police encounters with individuals perceived as having intellectual or developmental disabilities: an examination of encounter characteristics from two studies

Watson

Phan

Compton

2022

PIJPSM

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“…Shockingly, 38% (23/60) of the autistic defendants in this study were not given any reasonable adjustments at the police station even though their lawyers stated that this would have been beneficial, and 33% (20/60) did not receive any adjustments during police questioning because their autism diagnosis was not known at the time. The current literature on intellectual disabilities and policing demonstrates a more general, global problem with accurately identifying vulnerable people within the CJS (Gulati, Kelly, Cusack, Kilcommins & Dunne, 2020). However, the focus of this paper was to identify the needs of autistic people rather than to establish needs that are unique to autistic people compared with those who have other social and communication difficulties.…”

Section: Discussionmentioning

confidence: 99%

Autism and the criminal justice system: An analysis of 93 cases

et al. 2022

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We investigate whether autistic people's vulnerability is taken into account at each stage of the criminal justice system (CJS). Defense lawyers from 12 nations were included in the study although the sample was predominantly from the UK. Lawyers completed an online survey regarding one case in which they had defended an autistic client between January 2015 and January 2020; and on one case in which they had defended a nonautistic client charged with a similar offense, to provide a comparison group. Ninety-three lawyers (85% in the UK) reported on one autistic case, and 53 also reported on one nonautistic case. 75% of autistic clients were not given reasonable adjustments during the process. Only 43% were offered an appropriate adult during police investigations, even though they had an existing diagnosis of autism. 59% of prosecution barristers and 46% of judges said or did something during the trial that made the lawyers concerned that they did not have an adequate understanding of autism. Lawyers were 7.58 times more likely to be concerned about their autistic client's effective participation in court and were 3.83 times more likely to be concerned that their autistic clients would engage in self-harm, compared with their nonautistic clients. There is a failure to identify and address autistic peoples' disability within the CJS. There is a need for mandatory autism training for police officers and the judiciary, with a focus on identifying autism and understanding the needs of autistic people so that reasonable adjustments are offered in all cases. Lay SummaryThis study sought to investigate if the needs of autistic people are being overlooked by the police and other professionals within the CJS. Results show that autistic people are not always given the support they need during police questioning or in court. The experience of being involved with the police may also have a more negative impact on autistic peoples' mental health than that of nonautistic people.

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“…It is clear from these international studies that any failure to adapt forensic procedures at the pre-trial stage of the criminal process to take account of the “ontological realities of intellectual impairment” (Cusack, 2017, p. 448) poses not only a material risk of eliciting inaccurate testimony, but also a wider, more pressing danger of securing a wrongful conviction through the admission of false, self-inculpatory evidence (Gudjonsson, 2010). And yet, notwithstanding these patent dangers, a recent narrative review exploring the experience of law enforcement officers internationally revealed a range of subsisting operational policing concerns with regard to identifying, and communicating appropriately with, persons with an intellectual disability; the absence of procedural safeguards for vulnerable suspects and the existence of a widespread unmet need for specialised training (Gulati et al , 2020c). Faced with the prospect of confronting such ableist, mainstream police practice, persons with intellectual disabilities have reported feeling “frightened and confused” in their interactions with law enforcement agencies and, perhaps unsurprisingly, they have identified significant challenges in understanding information, accessing practical and emotional supports and communicating with officials in police custody settings (Gulati et al.…”

Section: Literature Reviewmentioning

confidence: 99%

Towards inclusionary policing: a critical inquiry into the pre-trial treatment of suspects with intellectual disabilities in Ireland

Cusack

Gulati

Dunne

et al. 2022

PIJPSM

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PurposeThis paper aims to critically evaluate contemporary Irish police practice, with an emphasis on emergent procedural innovations, in light of the needs of suspects with intellectual disabilities.Design/methodology/approachA review of published prevalence data in respect of people with intellectual disabilities in the Irish criminal justice system, of the Irish legal and policy landscape and the results of a recent empirical inquiry are used in critical evaluation.FindingsIn line with extant international research, the article identifies three sites of concern with respect to the protocols that exist within An Garda Síochána for identifying and responding to intellectual disability, including: (1) barriers to communication; (2) a need to build awareness and skills for police and persons with intellectual disabilities; and (3) a need for institutional change to secure equal access to justice for people with intellectual disabilities. Progress is being made at a systems level towards a human rights approach in Irish policing.Originality/valueIn representing the first international analysis of its kind, the article locates the barriers confronting suspects with intellectual disabilities in Ireland within a discourse that is sensitive to ongoing research-led, procedural reforms within An Garda Síochána (Ireland's national police service). Owing to the universalised nature of these barriers across policing systems internationally, the format of these reforms from this will be of relevance to many other policing states, in particular the 162 other signatories to the United Nations Convention on the Rights of People with Disabilities.

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The experience of law enforcement officers interfacing with suspects who have an intellectual disability – A systematic review

Cited by 15 publications

References 46 publications

Police encounters with individuals perceived as having intellectual or developmental disabilities: an examination of encounter characteristics from two studies

Police encounters with individuals perceived as having intellectual or developmental disabilities: an examination of encounter characteristics from two studies

Autism and the criminal justice system: An analysis of 93 cases

Towards inclusionary policing: a critical inquiry into the pre-trial treatment of suspects with intellectual disabilities in Ireland

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