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The first critical steps through the criminal justice system for persons with intellectual disabilities
- Authors:
- MERCIER Céline, CROCKER Anne G.
- Journal article citation:
- British Journal of Learning Disabilities, 39(2), June 2011, pp.130-138.
- Publisher:
- Wiley
This paper discusses the initial steps of the judicial process for persons with intellectual disabilities who are suspected of a minor offense in the context of the Canadian criminal justice system (CJS). During this stage, plaintiffs, police officers, and crown attorneys make a series of decisions that will have a significant impact on the course of the judicial process. The main objective of this study was to document the criteria that influence dispositions by police officers and crown attorneys about persons with intellectual disabilities in the CJS. A secondary objective was to report suggested improvements to better support them throughout the judicial process. Fourteen semi-structured interviews were conducted with key informants from the CJS and from service and community organisations. The informants identified a series of implicit criteria that influence the decisions made and dispositions taken in the case of a suspected offence. Suggestions for improvement include early screening for intellectual disability, educating police officers and crown attorneys about intellectual disabilities, a preference for the use of summons to appear over other types of procedures, and drafting memorandums of understanding between various organisations and police services regarding persons with intellectual disabilities. The findings emphasise the need for more effective screening and diversion procedures for persons with intellectual disabilities within the CJS.
Rate and characteristics of men with an intellectual disability in pre-trial detention
- Authors:
- CROCKER Anne G., et al
- Journal article citation:
- Journal of Intellectual and Developmental Disability, 32(2), June 2007, pp.143-152.
- Publisher:
- Taylor and Francis
The present study reports on the sociodemographic, mental health and criminological characteristics of 281 individuals with an ID from a Canadian study of men in a pre-trial holding centre. Almost 19% of the men had a probable ID, and nearly one-third (29.9%) were in the borderline IQ range. As was the case for their non-ID counterparts, the mean age of the probable ID group was in the early 30s, few were employed, and most had low incomes. Individuals in the probable and borderline ID groups had lower rates of high school completion than those in the average intellectual ability range. Over 60% of individuals with an ID had a substance use disorder, and 1 in 5 was intoxicated at the time of assessment. These rates were similar across groups, and to those found in the literature. A large majority of individuals with ID had a previous conviction, and most had previously committed a violent offence. Among other limitations, the sample may not have been entirely representative of the total population of men in the pre-trial detention centre, given the relatively high refusal rate (39.5%). Results are discussed in terms of orienting criminological and mental health services as a function of the level of intellectual and adaptive functioning of individuals with ID.