Search results for ‘Subject term:"learning disabilities"’ Sort:
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How does the legal system respond when children with learning difficulties are victimized?
- Authors:
- CEDERBORG Ann-Christin, LAMB Michael E.
- Journal article citation:
- Child Abuse and Neglect, 30(5), May 2006, pp.537-547.
- Publisher:
- Elsevier
The aim was to understand how the Swedish legal system perceives and handles mentally disabled children who may have been victimized. Twenty-two judicial districts in Sweden provided complete files on 39 District Court cases (including the Appeals Court files on 17 of these cases) involving children with learning difficulties or other disabilities as alleged victims of abuse, threat and neglect. The children (25 girls and 14 boys) averaged 11.8 years of age when first allegedly victimized. Sexual abuse was the most frequently alleged crime (33 cases). Court transcripts, court files and expert assessments of the alleged victims’ disabilities and their possible consequences were examined to elucidate the ways in which courts evaluated the credibility of the alleged victims. The children's reports of their victimization were expected to have the characteristics emphasized by proponents of Statement Reality Analysis (SRA) and Criterion Based Content Analysis (CBCA) in order to be deemed credible. Expert reports were seldom available or adequate. Because many reports were poorly written or prepared by experts who lacked the necessary skills, courts were left to rely on their own assumptions and knowledge when evaluating children's capacities and credibility. Children with learning difficulties or other handicaps were expected to provide the same sort of reports as other children. To minimize the risk that judgments may be based on inaccurate assumptions courts need to require more thorough assessments of children's limitations and their implications. Assessments by competent mental health professionals could inform and strengthen legal decision-making. A standardized procedure that included psycho-diagnostic instruments would allow courts to understand better the abilities, capacities, and behaviour of specific disabled children.
Appropriate adults provided for vulnerable people questioned under caution: implications for policy of the Criminal Justice Review in Northern Ireland
- Authors:
- BREWIN Sheree, BAILEY Andrew
- Journal article citation:
- Journal of Adult Protection, 7(1), June 2005, pp.4-14.
- Publisher:
- Emerald
This article describes the current guidance in the Police and Criminal Evidence (NI) Order and associated codes of practice as they relate to the detention and questioning of juveniles and vulnerable adults. The provision of appropriate adults services is described with reference to a recent study and recommendation made in the Criminal Justice Review, commissioned as part of the Good Friday Agreement.
Justice of differential treatment? Sentencing of offenders with an intellectual disability
- Author:
- COCKRAM Judith
- Journal article citation:
- Journal of Intellectual and Developmental Disability, 30(1), March 2005, pp.3-13.
- Publisher:
- Taylor and Francis
This article reports on court outcomes for people with an intellectual disability in comparison with other offenders in Western Australia. It is part of a longitudinal study where it was possible to examine all levels of the criminal justice system, from arrest to court appearance and finally to conviction. The study is based on the summation of nearly 11 years of data, from 1 April 1984 to 31 December 1994. Using comprehensive databases, a group of 843 offenders with intellectual disability were “tracked” through the criminal justice system to assess their criminal history and compared with a cohort of 2,442 general population offenders. The findings show that there was no difference between the two groups in the proportion who were convicted, however, there were considerable disparities between groups for the types of penalties imposed. The article concludes that the initial police decision to charge seems to have an enduring, albeit indirect effect at the final stage of disposition.
Visible victims?: the response to crime and abuse against people with learning disabilities
- Authors:
- WILLIAMS Christopher, EVANS Jane
- Publisher:
- York Publishing Services,|Joseph Rowntree Foundation
- Publication year:
- 2000
- Pagination:
- 22p.
- Place of publication:
- York
Redressing the stereotyped view of people with learning difficulties, in relation to crime, is the key element in changing the present situation. Justice is frustrated not only because of the response of separate agencies, but because of the effect they have on each other. The police do not record crimes because they believe the CPS will not prosecute, staff do not report to the police because they 'do nothing' and victims do not tell staff because 'they say the police won't help'. Consequently the courts are unpracticed at dealing with vulnerable witnesses, and perpetrators see people with learning difficulties as safe targets.
Just gateways: towards a changed police response to people with learning difficulties as victims of crime
- Author:
- SHARP Hannah
- Publisher:
- Values into Action
- Publication year:
- 2001
- Pagination:
- 40p.,bibliog.
- Place of publication:
- London
A recent UK wide inquiry has revealed high levels of crime and harassment experienced by people with learning difficulties as they go about their ordinary lives. This is rarely reported to the police. People with learning difficulties either do not know how to report a crime to the police, or believe that if they do the police will not take them seriously. The research found that criminal justice agencies tend to make broad assumptions about the credibility of the victim to give evidence, either at the police investigation stage or in court. These assumptions are based on misperceptions about people with learning difficulties and the problems they may face. The report presents findings from the research and outlines development work required for people with learning difficulties to have better access to the police and via this to the criminal justice system as a whole.
Towards a fairer system of justice
- Author:
- TURNBULL Deborah
- Journal article citation:
- Community Living, 12(4), April 1999, pp.18-19.
- Publisher:
- Hexagon Publishing
People with learning difficulties have to overcome some formidable obstacles to get their cases heard in court. This article describes the process the Crown Prosecution Service undertakes before cases are brought and how vulnerable witnesses can be helped without prejudicing the defendants' right to a fair trial.
Common cause
- Author:
- BROWN Hilary
- Journal article citation:
- Community Care, 13.11.97, 1997, pp.22-23.
- Publisher:
- Reed Business Information
The author looks at the issue of the discrimination faced by people with learning difficulties in the justice system, and places it within a wider context of social prejudice and oppression.
Many rivers to cross
- Author:
- COOKE Pam
- Journal article citation:
- Community Care, 16.10.97, 1997, pp.24-25.
- Publisher:
- Reed Business Information
Discusses how the desire for justice in cases of sexual abuse is strong in us all, yet what stops people with learning difficulties who have suffered abuse from pursuing their cares is often a lack of help and understanding. Explains some of the problems and offers some solutions.
Hearing their voice
- Author:
- PHILPOT Terry
- Journal article citation:
- Community Care, 4.9.97, 1997, pp.24-25.
- Publisher:
- Reed Business Information
Canadians' attempts to improve the criminal justice system for people with learning difficulties is widely regarded as groundbreaking. The author discusses the changes and finds that while the UK has much to learn, not all of the early hopes of the Canadians have been fulfilled.
A fragile protection
- Author:
- WILLIAMS Christopher
- Journal article citation:
- Community Care, 27.10.94, 1994, pp.22-23.
- Publisher:
- Reed Business Information
People with learning difficulties deserve the same treatment under the criminal justice system as everyone else. However, all too often they are treated as second class citizens. Looks at what is required to break down the barriers.