Description

Abstract

There is increasing focus on the prevalence of learning disabilities in the criminal justice system. The aim of this paper is to examine the supports and resources currently in place to support people with learning disabilities through each stage of the Irish judicial process. A review of international literature regarding people with disabilities was conducted specifically in relation to the methods used to identify those who are risk of becoming offenders, the process in place when an individual comes in contact with the criminal justice system, other professionals and practitioners who undertake criminal work, their incarceration into a rehabilitation setting and the supports in place to successfully integrate offenders back into their own community. As a result of this review, the present paper highlights the prevalence of learning disabilities among offenders and the pre-existing risk factors that identify a person with a disability in their pathway to becoming an offender. The existing literature calls for the introduction of training and education in relation to disabilities for those working in the judicial system in addition to more appropriate rehabilitation settings and effective support in assisting those returning to their own communities. Overall, this paper finds that a multidisciplinary and multi-agency approach is vital and should be governed by national guidelines.

Key words: Supports for offenders, learning disabilities, Irish judicial system.

Introduction

People with learning disabilities are largely over-represented within the criminal justice system (Hayes, 2006; Noble & Conley, 1992). This paper will concentrate on the lack of assessments in place to adequately identify people with learning disabilities who may be at risk of offending, the insufficient information and training provided to the Gardaí and those working in the criminal justice system, and the lack supports and training provided to those leaving prison and returning to their community. Despite a substantial body of research in this area (e.g., Carey, & Mulrooney, 2000; Hayes 2007; Holland, Clare, & Mukhopadhyay, 2002; Frson 2007; Murphy, Harrold,), little has been conducted in Ireland and as far as the current authors are aware, no research has focused on all stages of the criminal justice system from those at risk of becoming an offender to those being released from prison.

Primary research into learning disabilities and offending in the late nineteenth and early twenty century suggested a strong correlation between the two and resulted in the view that individuals with a disability were a threat to society and to their communities (National Offender Management Service, 2013). This perception reinforced the notion that individuals with disabilities belonged in institutions and asylums. In fact, early theorists believed that “the greatest single cause of delinquency and crime is low grade mentality, much of it within the limits of feeblemindedness” (Goddard, 1920, p.810). With developments and advances for the provision of services for people with learning disabilities, such overgeneralised theories and perceptions have been challenged and discarded. This is also evidence in the change of terminology used when referring to people with disabilities. In Ireland and the United Kingdom, “learning disability” is the suggested replacement term for individuals with mild “mental handicap” (Murphy et al., 2000). 

In recent years there has been a move away from this approach with the introduction of the non-congregated settings strategy (Health Service Executive, 2011), the New Directions Programme (2012) and the implementation of the Health Information Quality Authority (HIQA). The Health Act (2013) espouses that vulnerable people are to be integrated appropriately into their own communities and viewed as valued persons in society. Such supports and services have been introduced and developed to help people with disabilities lead good quality lives, be empowered and supported to achieve their goals through a person centred and individual approach. 

While embracing this approach, there appears to be recognition, particularly in the United Kingdom, that individuals with learning disabilities that come into contact with the judicial system have specific needs that should be addressed. Therefore, the rationale for conducting the present review is based on the following five identified issues: