Discrimination of Prisoners with Learning Disabilities - Essay Example

Critically Evaluate the Extent to Which Prisoners with Learning Disabilities Are Discriminated Against In the Criminal Justice System (Prison) Table of Contents Introduction 3 Evaluation and Analysis of the Issue 4 Point 4 Explanation 6 Example 11 Conclusion 14 References 16 Bibliography 20 Introduction Criminology is a broad subject comprising of various dimensions which are related with psychological aspects, political concerns and even with sociological challenges. One of such issues can be identified in relation to the justice rendering procedure in legal cases which engages prisoners with learning disabilities. As a matter of fact, the criminals imprisoned also belong to the diverse array of social elements and thereby it is quite likely that a similar degree of assortment shall also be witnessed within the millions of prisoners all around the world. Various studies have been conducted emphasising upon this issue where the discrimination in the justice systems involving prisoners with learning disabilities are assessed. Based on a similar context, the study conducted by Fazel & et. al. (2008) revealed that among the aggregate population of prisoners worldwide, a large proportion of imprisoned criminals can be observed as suffering from a kind of disability (Institute for Research and Innovation in Social Services, 2009). This study will be focused on the issue related with the prevalence of prisoners with disabilities today have become a significant concern for researchers being strongly influenced by the social movement emphasising upon discriminatory practices. Research studies in this relation have revealed that prisoners with learning disabilities, which are often categorised as Autistic Spectrum Disorders narrate a comparatively more disturbing psychiatric analysis results, based on their experiences during interrogations and jurisdiction (Leggett & et, al., 2007; Myers, 2004). However, the degree of discrimination or rather relaxation dictated for criminals with learning disabilities, differ from one jurisdiction system to another. Based upon this particular issue, the study will intend to critically evaluate the degree of discrimination being practiced by various jurisdiction systems when judging the criminal conduct of prisoners with learning disabilities. With this concern, the discussion will be structured through an introductory explanation of the issue in focus and comprehensively head towards describing the points along with relevant evaluation. Illustrations will also be taken into account to substantiate the findings of the study where the arguments will be précised in the conclusion section. Evaluation and Analysis of the Issue Point Recent updates confirming the noteworthy percentage of vulnerable prisoners identified with learning disabilities was presented by the report published by Talbot (2012). The report confirmed that only in the prisons in the UK, around 60% of minor offenders (i.e. below the age of 18 years) are examined to be suffering from mental illness in terms of communication difficulties which are often attributed as a cause of learning disabilities. Similarly, almost 70% of the adult offenders are observed as facing problems due to learning disabilities which are recorded to be either a lifetime syndrome, or caused owing to alcohol and/or drug abuse (Talbot, 2012). According to UNODC (2009), “persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others” (pp. 43). Certainly, the qualities and uniqueness possessed by people with certain disabilities tend to present a significant challenge to the judiciary when dealing with legal issues where either the prisoner or the victim is examined to suffer from disabilities. According to Maguire & et. al. (2012), irrespective of the fact that offenders are suffering from any kind of disability or not they should be primarily considered as offenders or criminals, who are convicted for performing illegal acts. Thus, the consideration that the offender is suffering from learning disability should be a sole concern of ‘individual resolution’. Influenced by this particular phenomenon, the viewpoints often considered by various jurisdictions differ when treating prisoners with learning disabilities. Contextually, Maguire & et. al. (2012) argues that greater attention towards such psychological aspects is quite likely to lead to lacunas in the demanded appropriateness in the justice rendered. However, witnessing the jurisdiction practices in the practical scenario, criminology experts were able to observe a certain degree of confusion or rather ambiguity persisting among the concerned judiciaries when interpreting and implementing the policy measures for criminals with special needs (Stout & et. al., 2008). Not only during the jurisdiction of the offenders with learning disabilities, but certain degree of challenges are also witnessed when treating the offenders in prison. As per the study of Talbot (2008), around 20% to 30% of the entire population in prison are examined to suffer from learning disabilities. The offenders are hereby observed to possess different types of learning disorders which are majorly categorised as Intelligence Quotient (IQ) related problems or as dyslexia. A similar picture was also observed in the context of Irish prison where around 28.8% of the entire population in prison were observed to suffer from learning disabilities (Murphy & et. al., 2000). It is fundamentally owing to these disabilities that irrespective of the severity of their crimes or criminal conducts, these prisoners need special attention. In other words, prisoners with learning disabilities face significant limitations in adequately coping up with the criminal justice method implemented for the jurisdiction of other prisoners with no such disabilities recorded. They are also observed to be more prone to severe mental disorders such as depression and suicidal tendency causing major social concerns owing to which it becomes quite necessary that these prisoners are discriminated and accordingly treated so that they can also avail fair justice (Edgar, 2010). Hence, it is in this context that jurisdiction policies are often deemed essential to be configured in a manner that would render justice to the victims and simultaneously be appropriately dealt with by the prisoners. One of the crucial limitations in such kind of configuration is the consequent degree of inevitable discrimination within the prisoners who are suffering from learning disabilities and those who are not (Care Services Improvement Partnership, 2007). From psychologists’ concern, such relaxation is justified considering prisoners as a human at the primary instance. However, from sociologists’ point of view, this particular aspect can be contradicted affirming that even though these prisoners have learning disabilities, the jurisdiction is equally applicable for every convicted criminal. But, certainly, the justification of such discrimination depends on various factors including the severity of crime conducted and also the degree to which the prisoner is suffering from learning disabilities (Prison Reform Trust, 2012). It thus becomes quite significant to understand the extent to which prisoners with learning disabilities are discriminated from the remaining population. Explanation In the modern day context, societies are often identified to follow rules and provisions which permit relaxations to populaces suffering from disabilities that prohibit or rather limit the competencies of these populaces to deal with similar settings as experienced by the common populaces. The implications of such policy measures can also be observed in the context of legal procedures where prisoners are often demanded to be offered with certain degree of relaxation as compared with other prisoners (Cummins, 2010). The Disability Discrimination Act (DDA) can be illustrated as one of such policy measures in the jurisdiction practiced within the countries of the UK. Studies conducted in relation to the practice of DDA among prisoners in the UK jurisdiction demonstrate that majority of the criminals arrested and examined to be suffering from learning disabilities are convicted for non-violent crimes. Talbot (2008), concentrating on this particular aspect, revealed that these prisoners face significant challenges in conveying their feelings and personal experiences owing to which they often have to undergo disturbing experiences during their imprisonment. It is worth mentioning in this context that pressures upon prisoners with dyslexia or any other kind of learning disability, led to a more vulnerable state of mind among such criminals. It has also been observed that often being bullied and ignored in their pre-imprisoned experiences, these prisoners (i.e. prisoners suffering from learning disabilities) already suffer from a more vulnerable and weaker state of mind as compared to the remaining population of criminals without any disabilities recorded. Therefore, in their imprisonment session, when these prisoners are treated with similar attitude and behaviour as in the case of other criminals, they are quite likely to be led towards a more disturbing experience. Often influenced and depressed by such treatments, prisoners suffering from learning disabilities are examined to develop a self harming attitude and suicidal tendency which can result in more severe consequences. Based on such understandings and observations, it can be justified that practicing policies similar to DDA is appropriate. However, the ultimate implementations of such policies are also not without criticism. The study conducted by Talbot (2008) further revealed in this regard that an insignificant number of prisoners confirmed to be treated fairly by the staffs. In the similar context, a majority of the prisoners affirmed that they experienced bullying by their inmates in the prison and also by the staffs. Therefore, the overall perception of the issue considered in this study, presents a contradictory view which creates a significant influence upon the extent of discrimination practiced when concerning prisoners with learning disabilities (Petersilia, 2001). As suggested by UNODC (2009), prisoners with disabilities demand for extra attention and support to access the justice with equal rights enjoyed by every other populace, which from a sociological perspective can be examined as an anti-discriminatory practice. In the similar context, UNODC (2009) suggested that imprisonment should be the ultimate option considered in the jurisdiction when rendering justice to any case including the convicted people with disabilities and without disabilities. It has further been argued that when offenders with disabilities are sentenced for imprisonment, they are quite likely to experience greater difficulties in the closed, often overcrowded and restricted environment. In other words, the hardships in communicating and dealing with the natural setting witnessed by such offenders in the open social environment are quite probable to augment significantly within the prison subjected to the assistance in managing psychological stress, supervision as well as degree of differentiation offered to them (Beadle-Brown & et. al., 2007). A study conducted by Loucks & Talbot (2007) presented an account of the Scottish prisons with concern towards the structural influences and discrimination practiced when treating the offenders with learning disabilities. According to Loucks & Talbot (2007), the main features which can be observed in the Scottish prisons are overcrowding, frequent movements of the prisoners all around the estate and lack of mental stability among the prisoners which often gives rise to the suicidal tendencies among the offenders. Stating precisely, the main reason which increases the mental pressure experienced by offenders suffering from learning disabilities during their imprisonment is the frequent movement steered within the estate owing to managerial concerns. This interrupts the bonding or rather the understanding between the prisoners and also amid the prisoners and the staffs. Although from an overall perspective, this particular strategy can be observed to render greater efficiency to the prison management in preserving equity, harmony and transparency, an in-depth perspective with due consideration to the prison experiences of offenders with learning disabilities reflects a contradictory phenomenon. It is worth mentioning in this regard that as such offenders possess limitations in dealing with their external setting, there are probable chances that unrest in their ambience will cause more difficulties and psychological pressure upon them. A similar feature was also observed in the prisons of Wales and England where the impact of overcrowding is greater. As per the results obtained, such issues lead prisoners with learning disabilities towards suicidal tendencies, thereby causing a grave social concern (Stout & et. al., 2008). Valuing similar interpretations of the social risks associated with the prison sentenced to offenders with learning disabilities, the government of various countries were observed to focus upon rendering extra attention towards the treatment of such prisoners. For instance, based on this context, the Scottish Government have focused on enacting policy measures which concentrate on identifying and subsequently differentiating people with learning disabilities from the remaining populaces. Correspondingly, the government intends to render support to such people irrespective of their social identification as a legal offender, to obtain every opportunity of healthy living within the community through continuous assistance (Bowden & et. al., 2011). However, the scenario observed in the context of Wales prison, differ largely from that of the Scottish prison. The research report published by Prison Reform Trust (2009) revealed that there exists almost no mechanism to differentiate and treat prisoners suffering from learning disabilities with sympathy. A lack of routine procedure can also be observed in the prison with concern to the proper identification of such disabled offenders throughout the process of justice. One of the fundamental reasons for such limitations is the lack of adequate information received by the prison staffs when offenders are transferred to the prisons. Absence of appropriate discriminatory policies to be ruled by the government when concerning the treatment of offenders with learning disabilities can also be illustrated as a major reason for such maltreatments. It is in this context that government in Wales is suggested to adopt policy measures which will discriminate prisoners with learning disabilities and likewise render adequate developmental assistance to them as a reforming measure (Prison Reform Trust, 2009). The overall ratio of prisoners in Irish prisons is also observed to be non-negligible as in the case of prisons in Wales and England (Gabhann, 2011). Appleby (2010), in this context affirmed that both from social and ethical perspectives, prisons should be termed as an erroneous place for offenders who are suffering from learning disabilities along with any other prisoners facing similar mental health related problems. It is in this context that government should adopt alternative measures to sentence offenders suffering from learning disabilities with justice which are equivalent to imprisonment. However, the concern in this regard is apparently focused on coping with the limitations faced by offenders with learning disabilities in accessing the criminal justice system adequately. Various programmes have been implemented and practiced with this concern where special learning sessions along with extra attention is being rendered to the prisoners examined with a considerable degree of learning disability. Structured communities, mental health commissions and agencies or social groups have also been formed with specific responsibilities to render assistance and developmental support to the offenders with learning disabilities. A few of these groups can be identified as Primary Care Trusts (PCT), Avon and Wiltshire Mental Health Partnership NHS Trust, Community Mental Health Teams (CMHT), Her Majesty’s Inspectorate of Prisons (HMIP) and Care Quality Commission (CQC) among others (May & Meiklejohn, 2010). Example “John is a severely Learning Disabled man who faced the death penalty in a Special Circumstance murder case. Using keys taken from his brothers repair truck, he rode his bicycle to a private home during the work day with the intention of burglary. He soon became lost in placing odd objects, many of which were not the least valuable, in plastic bags which he piled by the kitchen door. This activity took several hours, during which he misplaced his pager somewhere in the house. While he frantically looked for it, the female tenant arrived home from work and found her home in disarray. Her murder apparently took place when John could not exit her home without a physical confrontation. Several personal items, including the victims watch and harmonica, were found in Johns backpack when he was apprehended a few days later” (Cowardin, 1998: 3). With a rising concern towards the treatment of offenders facing learning disabilities, various case references and examples have been documented to illustrate and clarify the ambiguities lying in relation to the issue. As already mentioned in the above discussion, various measures have been adopted by various judiciary systems all around the world to discriminate and thereby assist the offenders suffering from learning disabilities to avail the complete developmental and growth opportunity. One of such measures can be illustrated in terms of Mental Health Act 1983 which was further reframed in the year 2005 in the jurisdiction of England and Wales. This particular act was enacted with the sole intention to unambiguously define the extent to which an offender can be discriminated on the basis that they are suffering from learning difficulties (Lodge, 2005). However, practices of such legal amendments have been criticised by various psychologists and sociologists, assessing those to be insufficient to deal with the needs of such offenders. A critical view to confirm this particular understanding can be obtained with reference to the study conducted by Talbot (2009), revealing the actual experiences of the offenders within the prison. The illustrations noted in the study documents the experiences of the offenders, irrespective of their age, gender or criminal record in their own voices. In most of the examples narrated by Talbot (2009), it can be evidently observed that the majority of prisoners suffering with learning disabilities did not express a positive feeling regarding the treatment they received by the staffs. As stated by a woman prisoner suffering from learning disabilities, “...When I first came in I was petrified. The first one and a half years were really bad; I tried to commit suicide three times...” (pp. 29). Simultaneously, there are various ongoing instances recorded by the prisoners which explain their feelings, understandings and grievances within prison. In other words, the statements of the prisoners are sufficient enough to examine the treatments received as unsupportive for the offenders observed to have learning difficulties. For example, a prisoner with learning difficulties stated that “...Everything is written for a very educated person and the words are very long. It’s really a humiliation if you have to ask someone” (Talbot, 2009: 30). Lack of cooperation can also be witnessed with reference to the narration of another young offender with learning disabilities affirming that “I take a guess, or I just get on the best I can. I just do whatever. They got me to sign something the other day, I didn’t know what it said, I just signed it” (Talbot, 2009: 31). In major instances, it was also observed that offenders, especially belonging to the young age group, become victim to criminal acts getting depressed and highly disturbed by continuous bullying. The unsupportive behaviour by their peers and subordinates as well as friends and family members also plays a major role in driving the offenders towards crime. As affirmed by another young prisoner with learning disability, “I went to a special needs school, there wasn’t any help there and that was hard. You don’t fit in with people and you can’t get a job therefore crime just seems easy” (Talbot, 2009: 14). Conclusion The issue concerning the treatment of offenders or prisoners with learning disabilities can be apparently witnessed as a complex social as well as psychological aspect. Studies conducted in this context reveals that offenders possessing a degree of learning disability, irrespective of their age and gender, develop interests towards crime being influenced negatively by the continuous segregation in the social setting, by their family, friends, and peers. They are also observed to experience continuous bullying and humiliation from their peers which further motivates them to conduct illegal activities. For adult offenders, the issue has been identified as concentrated upon the social limitations of accessing adequate resources to facilitate healthy living. Hence, being affected by such external pressures and dealing with the internal lacuna in terms of learning disabilities, people tend to commit illegal acts. Therefore, due concern should be rendered towards mitigating the social segregation practices in order to facilitate healthy living for such disable people which can, in the long run prove highly beneficial to reduce criminal offences performed by persons who are examined to experience learning disabilities. Undoubtedly, the experiences narrated by the learning disabled prisoners in their own words depict a feel of helplessness where the person is not adequately able to convey their feelings or even interpret the messages of other members in verbal forms. However, as they tend to decipher normal psychological power of thinking and recognising, these offenders, suffering from learning difficulties, are well capable of understanding the humiliation, obstructive behaviour and callous attitudes deciphered by other normal human beings towards them. Such repeated instances are quite likely to lead a person towards deeper mental unrest motivating them to commit criminal acts and even suicidal attempts. Irrespective of such concerns, arguments have been raised on the basis that whether it is justified to discriminate offenders on the basis of their mental state and thereby relax the jurisdiction procedure. Contradicting this particular view point, it can be affirmed that discriminating offenders with a degree of learning disability does not actually mean the relaxation of the law. It is rather a corrective measure to render equal assistance for development as in the case of other prisoners, owing to their unique needs. References Appleby, L., 2010. Offender Health: Reform Is Gathering Pace. Prison Mental Health: Vision and Reality, pp. 6-9. Beadle-Brown, J. & et. al., 2007. Deinstitutionalisation in Intellectual Disabilities. Current Opinion in Psychiatry, Vol. 20, pp. 437-442. Bowden, K. & et. al., 2011. People with Learning Disabilities and the Criminal Justice System. The Scottish Government. Care Services Improvement Partnership, 2007. Positive Practice - Positive Outcomes: A Handbook for Professionals in the Criminal Justice System working with Offenders with Learning Disabilities. Health and Social Care in Criminal Justice. Cowardin, N., 1998. Disorganized Crime: Learning Disability and the Criminal Justice System. Criminal Justice. Cummins, I., 2010. The Relationship between Mental Institution Beds, Prison Population and Crime Rate. Prison Mental Health: Vision and Reality, pp. 22-25. Edgar, K., 2010. Recognising Mental Health: Balancing Risk and Care. Prison Mental Health: Vision and Reality, pp. 16-21. Fazel, S. & et. al., 2008. The Prevalence of Intellectual Disabilities among 12 000 Prisoners — A Systematic Review. International Journal of Law and Psychiatry. Gabhann, C. M., 2011. Voices Unheard A Study of Irish Travellers in Prison. Irish Chaplaincy in Britain. Institute for Research and Innovation in Social Services, 2009. Disabled Prisoners: A Short Thematic Review on the Care and Support of Prisoners with a Disability. HM Inspectorate of Prisons. Leggett, J. & et. al., 2007. People with Learning Disabilities’ Experiences of Being Interviewed By the Police. British Journal of Learning Disabilities, Vol. 35, pp. 168–173. Lodge, G. J., 2005. Making Your Case to the Mental Health Review Tribunal in England and Wales. Psychiatric Bulletin, Vol. 29, pp. 149-151. Loucks, N. & Talbot, J., 2007. Identifying And Supporting Prisoners With Learning Difficulties And Learning Disabilities: The Views Of Prison Staff. No One Knows. Maguire, M. & et. al., 2012. The Oxford Handbook of Criminology. Oxford University Press. May, P. & Meiklejohn, C., 2010. Prison Mental Health: Representation and Reality. Prison Mental Health: Vision and Reality, pp. 10-15. Murphy, M. & et. al., 2000. A Survey of the Level of Learning Disability among the Prison Population in Ireland. Irish Prison Service. Myers, F., 2004. On the Borderline? People with Learning Disabilities and/or Autistic Spectrum Disorders in Secure, Forensic and Other Specialist Settings. Research Findings, No.39. Petersilia, J. R., 2001. Crime Victims with Developmental Disabilities: A Review Essay. Criminal Justice and Behavior, Vol. 28, pp. 655-694. Prison Reform Trust, 2012. Bromley Briefings Prison Factfile. Documents. Prison Reform Trust, 2009. No One Knows: Offenders with Learning Disabilities And Difficulties. Wales Briefing Paper. Stout, B. & et. al., 2008. Applied Criminology. SAGE. Talbot, J., 2012. Fair Access to Justice? Support For Vulnerable Defendants In The Criminal Courts. A PRT Briefing Paper. Talbot, J., 2008. Prisoners Voices: Experiences of the Criminal Justice System by Prisoners with Learning Disabilities and Difficulties. No One Knows: Report and Final Recommendations. UNODC, 2009. Handbook on Prisoners with Special Needs. Criminal Justice Handbook Series. Bibliography Department of Health, 2011. Staying Positive: The Criminal Justice System and Learning Disabilities. Information for people with Learning Disabilities and Learning Difficulties. Goswami, U., 2008. Mental Capital And Wellbeing: Making The Most Of Ourselves In The 21st Century. Mental Capital And Wellbeing Project. Fels, H. No Date. Learning Disabilities in Prison. The University of California San Francisco. [Online] Available at: http://developmentalmedicine.ucsf.edu/odpc/docs/pdf/student%20projects/REVISEDforensicpsychSQ.pdf [Accessed December 22, 2012]. Morgan, T., 1988. Learning Disabilities and Crime: Struggle to Snap the Link. The New York Times. [Online] Available at: http://www.nytimes.com/1988/10/31/nyregion/learning-disabilities-and-crime-struggle-to-snap-the-link.html [Accessed December 22, 2012]. Northern Ireland Assembly, 2011. Prisoners and Mental Health. Research and Library Service. Richards, M. & et. al., 2001. Long-Term Affective Disorder in People with Mild Learning Disability. The British Journal of Psychiatry, Vol. 179, pp. 523-527. Read More