People with intellectual disabilities represent 4 to 10% of the offenders in the court system and it is higher in the juvenile court system (Davis, 2009). People with intellectual disabilities are at risk in the justice system evidenced by the way Brendan Dassey was treated when he was in custody and the treatment that he received as the trial progressed. Those with intellectual disabilities tend to be taken into custody, incarcerated, and then mistreated while in prison (Davis, 2009). Once this occurs, they tend to not get parole and may stay incarcerated longer (Davis, 2009). Another issue with the treatment of the intellectual disabled within the court system is that there is no federal standard for what IQ is defined as being intellectually
The aim of this essay is primarily to identify and discuss the reasons for and factors contributing to the vulnerability of adults with learning disabilities who come in contact with the criminal justice system.
The number of people with mental illness in the criminal justice system is one of the most pressing problems facing law enforcement and corrections today (Cuellar, McReynolds, & Wasserman, 2006). The Surgeon General’s Report on Mental Health estimated that about 20% of children and adolescents in the general population have mental disorders with some degree of at least mild functional impairment (USPH, 1999). Subsequent research has found much higher rates of serious mental health problems among youth in the juvenile justice system. Among youth who have been arrested, one study found that 31% of youth had received services from the mental health system (Rosenblatt, Rosenblatt, & Biggs, 2000). Two studies of youth in juvenile detention found that between 60% and 68% met the diagnostic criteria for a mental health disorder (Teplin, Abram, McClelland, Dulcan, & Mericle, 2002; Wasserman, Ko, & McReynolds, 2004). Once youth with emotional disturbances enter the justice system, repeated arrests are common through the remainder of childhood and into adulthood. Recidivism rates for individuals with a serious mental illness are nearly double those in the general population (Baillargeon, Binswanger, Penn, Williams, & Murray, 2009; Constantine, Petrila, Andel, Givens, Becker et al., 2010). In an analysis of juvenile trajectories, youth with emotional disturbances in their late adolescent years were more likely to fall into the high arrest trajectory class and much
When sentencing an offender for a crime, the punishment depends on what the law is attempting to accomplish. The punishment can either be based on incapacitation, retribution, rehabilitation, deterrence, or restorative. Depending on the crime, the punishment can accomplish either one of several of them. However, when it comes to the death penalty it can be quite debatable and there are several criminal cases that came to the United States supreme court due to potential policies being violated that would prevent the offender from getting a proper conviction. One US Supreme Court case that had an issue in sentencing a defendant is Atkins v. Virginia. This case of Atkins v. Virginia (2002) is significant because it had to do with sentencing a defendant to death but was called for an appeal due to the defendant being intellectually disabled. The court case also added that executing individuals who are intellectually disabled is unconstitutional within the eighth amendment that protects against cruel and unusual punishment. When it comes to mental retardation it can have effects on the punishment and corrections system due to the level of their mental competence and how well a defendant who does have disabilities can understand the law. To better understand how mental retardation within the punishment and corrections system can influence the way they work the following should be examined and analyzed. First, the nature of the USSC case must be examined and explain why the supreme
On 05/23/2018 at approximately 2226 hours, I, Deputy A. Martinez Vazquez (117015) responded to 211 Mission Rd., Oviedo, Seminole County, Fl. In reference to a disturbance inside of the residence. While in route to the residence, I was notified that the disturbance turned physical against a mother and daughter. Before I arrived to the residence I was notified that the 15 year old female juvenile was inside of her room.
There are a couple of different theory on how and why the juvenile court developed. Anthony Platt argues that the Chicago court was created to control the increasing number of poor and the large groups of immigrants that were coming into the city by the middle and upper classes. Mr. Platt believed that the reason the juvenile court was established in Chicago was because of middle-class interest groups, he felt that the juvenile court are a manifestation of middle-class values and of the philosophy of conservative political groups.
Juveniles committing crimes is not a new issued being introduced to society; actually, it has been an issue for centuries. However, the big question is, should juveniles be tried in adult courts? Before answering, take into consideration every possible scenario that could have led them to commit the crime. For instance, were they the leader in the act? Did they participate in the crime? Was the juvenile even aware of what was taking place? Were they peer pressured? Did they have any other choice at the time? There are so many other questions we could consider when making a decision here.
the juvenile and criminal justice systems. Some of the most hurtful limitations to student futures are related to the lack of learning time, the unevenly negative effects on students of color and students with educational disabilities, and the increased challenges that come with entering the juvenile justice system. Students with educational disabilities are more than twice as likely to receive out-of-school suspensions than students without disabilities. In this group, black students with disabilities are at a greater risk than white students with disabilities (Elias, M.,2013).
The juvenile justice system is unfair for children of color, especially African American youth. In both prison kids and the “Black Boy, White Boy” article showed that African American males are more likely to be incarcerated than their Caucasian counterparts that committed the same crime. In fact, African American males are less likely to be referred to rehabilitation programs and often receive strict consequences for their actions. However, I was surprised to find out that even though blacks are more likely to be charged with crimes they are also more likely to also have their charges dropped. But it also raises the question should they have been charged with these crimes in the first place? I feel like training teachers and officers to de-escalate
When thinking of reforming the juvenile justice system one has to think; what can we do to make this better for everyone involve? There are some programs that can be implemented when trying to make a change in the juvenile system. The main thing is getting parents or the guardian more involved in the child’s whereabouts. Secondly the community where the youth will have a place to go and have something more constructive to do to keep them out of trouble. Law enforcement can get involved in giving ride along and having visits to the local jails or prisons from the youth to talk to some of the inmates. Crime in life isn’t racist at all it has a no age limit, no certain gender and no social status for most of those whom decide to partake in a criminal activity. From the beginning juveniles have been an issue with law enforcement, the question has always arisen of whom will take control without cruel and unusual punishment and assist with the rehabilitation and prevention future crime actions.
Detention hearing process has been frown upon and detested ever since juvenile courts were created. The original purpose of detention was to hold the juvenile in a secure location until intake could review the child’s case and make a decision.
Basically, there were widespread issues regarding Idaho Juvenile Justice system. The Boise YDC is one of those facilities in the state which also has its’ own problem. This facility housed 244 long-term inmates including those juvenile offenders with mentally ill. By trying to change the situation at the facility to “move a juvenile correctional facility from a confrontational, correctional model toward a more professional, treatment-oriented model more appropriate for the situation and the inmates (Case Study).” However, local employees within this facility have continued to disagree with necessary changes from commissioner. That ensue “bitter local culture war” and encourage necessary to privatization after several attempts throughout four
We have received your letter and will do the best to answer your questions a thoroughly as possible. The order that was set on March 09, 2015 and according to the order you were notified by certified mail. This hearing was held in The Common Pleas Court, Miami County, Ohio Juvenile Court. With this order they based it off of your income at the time which they have as 52,000 a year. At this point you can either request for a review on the case which would require you to fill out a JFS form 1849 request for an administrative review, or you could file with the juvenile courts. For an administrative review to take place you must wait until you are released from jail. Then you could request an administrative review. However, this request is not
Barron, Hassiotis, and Banes (2002) also searched different databases, case studies, and clinical trials to evaluate the best treatment methods for sex offenders with intellectual disability. In their research it was determined that the criminal justice system ineffectively identified intellectual disability, therefore they had received ineffective services and/or treatment methods. They also found that eight percent of those in police custody had similar symptoms to that of intellectual disability. They declared that structured treatment methods and patient follow-up plans were effective because of the ability to manage offenders. Some of the treatment plans also included sex education as well as social skills training. The education can
The situation becomes even more complicated when we add mentally retarded offenders to a case. Mental retardation is now referred to as “intellectual disability” and it relates to adaptive behavior and intellectual functioning. Intellectual disability is a sensitive topic. For example, imagine if someone in your family was murdered and the person who committed the crime was arrested but that person is intellectually disabled. The offender will not be treated or charged as a normal person would.
Intellectual disability is a learning disability and it is a generalized neurodevelopmental disorder that is characterized by impaired intellectual and adaptive functioning (Schug & Fradella, 2015). It includes below-average general intellectual function and a lack of the necessary skills for independent living. It has also been suggested that intellectual functions such as reasoning, problem-solving, abstract thinking, academic learning, and learning from experience are known to be an issue for individuals with an intellectual disability (Schug & Fradella, 2015). When encountering individuals who have this disability, there are various characteristics that they will display. Additionally, sometimes there may be certain crimes such as individuals are more likely to commit as a result of the disorder.