Disability, Mental Health & Criminal Justice System

This blog discusses the concept of vulnerability in relation to disability and mental health in the criminal justice system. It explores the impact of mental health on individuals and the risks faced by people with disabilities. The blog also evaluates relevant legislative and policy structures and highlights good practices in addressing vulnerability. It emphasizes the importance of promoting mental health and implementing effective policies in the workplace.

Disability, Mental
Health & Criminal
Justice System

Blog 1
Evaluate a conceptual understanding of Vulnerability in relation to disability and
mental illness or health in criminal justice system
According to the blog published in BMC, 2019, vulnerability defines as an inability to
resist the impact the hostile environment. It states the quality of being exposed to the
possibility of being harmed and attacked wither physically and emotionally. Vulnerability
in order to mental health, disability and health criminal justice system. Mental health
shows the condition of a person regards to their emotional and psychological well being.
In mental health there are various diseases that are serious for the human brain and its
functions. Vulnerability for mental health is very harmful and it defines basic
susceptibility to mental illness or health disorders. Vulnerability has been characterized
in an unexpected way, contingent on the field and writing being examined. Individuals
with mental inabilities who have annoyed end up kept in medical clinics, penitentiaries,
restorative systems inside detainment facilities, and, most remarkably, inside the
remand populace. This determined by genetic make-up or early life experience (Brown,
2018). It is impacted by utilizing medications or like-hood of using drugs and alcohol. In
the current scenario, stress refers to challenges faced in present lives. Authorization
and Public Health (LEPH) to distinguish those needing these administrations. Viable
vulnerability appraisal is accordingly expected to forestall accidental unsafe wellbeing
and criminal equity results and deal with the adverse consequence of such in situations
where avoidance is unimaginable. This checking survey expected to recognize how
vulnerability is characterized. There are two major areas one is stress and the second
one is biological vulnerability, both are influenced by various other factors that are
people have some control over and factors are drug and alcohol use, coping skills,
meaningful, social support and medication use. These all affect mental health as well as
physical health in a negative manner. There is some way to reduce the negative impact
on vulnerability is via social support which comes from having close or meaningful
relations with others. Underuse of the arrangements inside the MHA 1983, which grant
the redirection of supposed disarranged wrongdoers into medical clinic instead of
custodial remand, incompletely represents this upgraded predominance. Be that as it
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may, the intelligent pressure of being accused of an offense in the event that one is as
of now defenseless ought not be belittled.
Reason for stress and vulnerability: It has been determined that there are number
of reasons for stress and vulnerability. This vulnerability determined in life by a blend of
elements, including hereditary qualities, pre-birth sustenance and stress, birth
entanglements, and early encounters in youth The main reason of arsing of tress and
vulnerability is because of the basic susceptibility that takes place because of mental
health disorders. It is determined by the early life experiences. It is many times also
affected by the use of medications and the continuous use of drugs and alcohol.
“Stress” is also the reason for various challenges that are arsing in life of individual. The
major reason for vulnerability in individuals is arising because of the biological nature of
people and the way the people are addicted to drugs or alcohol. The main reason for
this the person vulnerability for a specific disorder that may develop earlier and can
become severe with time.
Risk for a people with disabilities, person with disabilities may be specifically vulnerable
to crimes are involving interpersonal aggression such as sexual and physical assault.
As a population regardless of gender or age, they are often least able to acknowledge
risk or danger, least able to keep away themselves and least able to acquire
significance in criminal justice system. There are different causes behind risk in mental
health such as environmental exposures before the birth, in this exposure to the
environmental agent, inflammatory situations, alcohol, toxins and drugs while in the
womb can be to the mental disorder. In inherited traits, mental disorder is most
common among people or society whose blood relatives also have illness in mental.
Definite genes may raise the risk of developing as disorder in mental health and life
condition may trigger it. By similar token, they may be less vulnerable than the rest of
the population to other crimes. There are some other risks factors involve in disabilities
that are body measurements, Diet or nutrition, physical or exercise activity, smoking,
obesity and overweight (Dehaghani, 2019). In term so mental health there are some risk
and dangerous factors are involved such as stressful life and situations in order to
financial issues or anything else, previous mental disorder, Traumatic experiences like
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assault and military combat, Brain damage as an outcome of some serious injury and
many other. There are some causes of disabilities that are nuclear accidents, poor
access to health care, malnutrition and poverty, illness, injections or medicines, bad
work condition and many more. Risk in mental health and disabilities, both are very
harmful to health and personal growth. In the criminal justice systems both have an
important part in terms of reducing risk and avoid dangerous situation in mental health
and disabilities. People can treat themselves by taking some steps such as; doing some
mental and physical exercise, taking some sessions from doctor or consultants, self
care of body and some other factors. As per Stephen Hawking, director of Research at
the centre for the theoretical cosmology, As the theoretical physicist he understand in
well manner the concept of Vulnerability, there is little in cosmos that is not susceptible
to harm. Even the very universe itself may someday come to and final point. Humanity
has always been vulnerable to different challenges and there can be no doubt that best
scientific discoveries from the penicillin to the periodic table, from evolution to electricity,
that have supported them to understand world in reduce vulnerability and build more
resilient societies. Now days there are various government campaigns that are provide
free sessions to those who are suffering from any mental issues (Defining and
assessing vulnerability within law enforcement and public health organisations: a
scoping review, 2019).
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REFERENCES
Books and Journals
Bonfine, N., Wilson, A.B. and Munetz, M.R., 2020. Meeting the needs of justice-involved
people with serious mental illness within community behavioral health
systems. Psychiatric services, 71(4), pp.355-363.
Brown, P., 2018. Ethical challenges to research in the criminal justice system.
Chester, V., 2018. People with intellectual and developmental disorders in the United
Kingdom criminal justice system. East Asian Archives of Psychiatry, 28(4),
pp.150-158.
Cohen, R.I.S. and Bosk, E.A., 2020. Vulnerable youth and the COVID-19
pandemic. Pediatrics, 146(1).
Dehaghani, R., 2019. Vulnerability in police custody: police decision-making and the
appropriate adult safeguard. Routledge.
Gaston, S., 2018. Vulnerable prisoners: Dementia and the impact on prisoners, staff
and the correctional setting. Collegian, 25(2), pp.241-246.
Hayes, S., 2018. Criminal behavior and intellectual and developmental disabilities: an
epidemiological perspective. The Wiley Handbook on Offenders with Intellectual
and Developmental Disabilities: Research, Training, and Practice, pp.21-37.
Windle, J., Moyle, L. and Coomber, R., 2020. ‘Vulnerable’Kids Going Country: Children
and Young People’s Involvement in County Lines Drug Dealing. Youth
justice, 20(1-2), pp.64-78.
Online
Victimization of People With Severe Mental Illness Outside and Within the Mental
Health Care System: Results on Prevalence and Risk Factors From a Multicenter
Study, 2020. [Online]. Available through:
<https://www.frontiersin.org/articles/10.3389/fpsyt.2020.563860/full>
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Blog 2
Critically evaluate relevant legislative and policy structure and good practices
Guidance
According to blog published in PWC, 2020This gives s benchmarks for treating and
preventing mental illness or disorder, also spreading awareness or promoting mental
health at the workplace. The Policy should adopt for each member of the employee and
responsibility to interact to implement it across an organisation. The mental policy must
highlight business intention to do admit or help staff members who are struggling with
their mental disorders and issues. There are some elements that are important to add
which are;
Mental health policy can help in some ways such as; mental health in an organisation
or any workplace policy establishes that business sees these types of problems on a
similar level of essential as physical well-being. Mental disorder can have a detrimental
impact on collaboration, productivity, and happiness.
Mental health policies in organisations are common at workplace such as it has
estimated that 3 in every 10 employees are suffering with mental health issues; in UK
the impact of job stress has resulted unto mental health of employees as one of the
most important occupational health issue in the last decade. The health and safety
executive has estimated that there have been approx 250,000 cases are caused by
depression or stress that is accused by aggravated by work every year.
For dealing with situation of work environment there is need of certain work activities
that can deal with the health and safety risks that is arising in organisation. The law
requires that employers have to deal with safety and health associated factors by
making all the reasonable adjustments related with the physical premises and the
working arrangements.
Some of the policies formulated for this purpose of regulating different regulation
to leads for better and effective staff turnover, along with performance of staff.
Having effective policies in the workplace can assist in enhance staff turnover,
performance of staff, workplace harassment and violence, substance abuse rate in staff
members, absenteeism and many others. There are several advantages of good mental
health in any business or place, mental health and well-being policies are promoting the
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best well-being at the place (Keay and Kirby, 2018). Having happier and mentally
healthy employees have lost advantages for the workforce or owner of a business.
There are some advantages are explained below;
 Higher retention rates, happy workforce who are not facing any stress regarding
work of business are fewer likely to left business to work elsewhere. Enhancing
and helps mental health in an organisation explain staff will be happier and the
company will see retention rate soar. Also, this assists to enhance reputation as
an employer while recruiting new candidates.
 Increased productivity, Employees with good mental health are possible to
engage more with their collaboration and work with their co-workers.
 Improved life of work balance, it company promote great mental health or
flexibility encourage working environment. The team will experience a good work-
life balance. Which is in turn will lead to he avoid or reduce absenteeism.
It needed to ensure a regulatory framework or structure of mental health services and
some other providers of treatments and special care. This legislation ensures that
people and the public with mental illness are afforded protection from often devastating
consequence of illness related to mental.
Disabilities policies are framed in a well manner by the government so that
people who have issues regarding disabilities, government support is a very effective
way to people in every terms and field. This equality act 2010 is the primary piece of the
legislating governing is disabled person's rights in United Kingdom. Government take
different steps to provide good practices guidance so that people always inspired and
motivated towards their life or work (Leverentz, 2018). In UK there are various clinics or
some institutes are available which are provide better health treatment and try to keep
away from unwanted health issues which are based on physically or mentally.
There are different acts and policies which are based on mental illness and disabilities
that are; Mental health act 1983, article 14 of protection from discrimination, are used
for analysing the legal framework that is associated with this system.
In UK there have been policies and laws that are reflecting the national approach of
metal health problems it is also providing of a legislative framework for addressing the
impact at workplace. Such policies and laws are focussing on specific mental health
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issues. The disability discrimination act 1995 is against a person who is suffering with
disability in connection with employment, buying land or property, as per this act it is
unlawful for employees to treat an applicant with the disability less favourable because
of their disability. It covers the interview arrangements, job offers, application forms,
employment terms, benefits, redundancy, dismissal, benefits. Long term disability is
defined as the mental impairment that may have a long term adverse and substantial
impact on the person ability to vary daily activities, mental impairment includes the
ability to learn, concentrate and understood. In UK occupational health safety and
health act s regulated by the combination of government modules that are enforced by
health and safety inspectors. This act establishes the framework for occupational health
and safety systems. It defines the power and responsibilities health and safety
commission and executive and other enforcement agencies.
The third cause is Brain Chemistry, Neurotransmitter are naturally happen brain
chemicals that carry signals to other parts of the human body or brain. When neural
networks are involving changes, leading to depression or some other disorders based
on emotions (Gaston, 2018).
The purpose of disability law is to make sure that community with disabilities that have
same rights or opportunity as everyone else. It is guarantees to equal opportunity for
individuals with the disabilities in employment, transportation, state or local government
services, public accommodations and telecommunications. In criminal justice system,
who have issues related to disability they get special treatment and some other facilities
for their health. They get less punishment rather than normal criminals (The eight key
effective corporate governance practices, 2020).
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References
Books and Journals
Keay, S. and Kirby, S., 2018. Defining vulnerability: from the conceptual to the
operational. Policing: A journal of policy and practice, 12(4), pp.428-438.
Leverentz, A., 2018. Churning through the system: How people engage with the criminal
justice system when faced with short sentences. In After Imprisonment.
Emerald Publishing Limited.
McFarlane, K., 2018. Care-criminalisation: The involvement of children in out-of-home
care in the New South Wales criminal justice system. Australian & New Zealand
Journal of Criminology, 51(3), pp.412-433.
Mills, A. and Kendall, K. eds., 2018. Mental health in prisons: critical perspectives on
treatment and confinement. Springer.
Prince, J.D. and Wald, C., 2018. Risk of criminal justice system involvement among
people with co-occurring severe mental illness and substance use
disorder. International journal of law and psychiatry, 58, pp.1-8.
White, R., Bornman, J. and Johnson, E., 2018. From silence to justice: implications for
persons with little or no functional speech accessing the criminal justice system.
Online
Mental health in the workplace, 2020 [online], available
throughhttps://www.ilo.org/wcmsp5/groups/public/@ed_emp/@ifp_skills/documents/
publication/wcms_108226.pdf
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Blog 3
Evaluate construction of victimhood in relationship to disability and mental
illness and health
As per blog presented in Frontiers, 2020, mental illness refers to the huge range of
mental health situation, a disorder that is impact on thinking, mood or behaviour of a
person. The mental disorder includes anxiety, depression, eating disorder,
schizophrenia, and behaviour addictive.
Disability is the mental, cognitive, and physical and development condition that
interferes and limits a person ability to engage in specific actions or tasks that is
participating in typical daily interactions and activities. It is associated with the gravity of
problem that arises because of morally separate expedient that is related with legal
disabilities. There are many statistics that reveal that 46 percent of employees are
absent due to stress or health issues. 37 percent organisations are facing stress related
absence in year 2020. Other 75 percent managers are not able to spot the early signs
of mental health issues. All this data Cleary reveals that there is requirement to create a
safe working environment during various sessions so that employees can be motivated
enough to deal with their present mental issues.
As per UN convection on theorist of persons with disabilities (UNCRPD), it
recognized the disability as a evolving concept. It includes the person with disabilities
that includes the person with the long term mental, physical, sensory impairments or
intellectual that is interaction with different barriers that may affect the participation in
specify on an equal basis with others (Definition of disability, 2021).
Disability defines any situation or condition of body and health that makes it more
challenging for people with the condition to do various activities and communicate with
the world around them. Government provide various facilities but somehow some
people still face issues because of lake of awareness about medical plans and
campaigns.
The connection between disability and mental illness is similar because both are part of
the human body. As per a case study or given brief one person who face mental illness
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and disability at the same time and person face very serious issues in their body part. A
person did a crime with their mental disorder and disabilities (McFarlane, 2018). In
court, favourable lawyer can save that person by using some articles or show some act
or evidence which is helpful. Mental health act 1983, this section is about detention
under mental health act 1983. It is sometimes known as sectioning. This act is a major
piece of legislation that is covers the assessment, rights of people and treatment of
people with mental health illness. Person detained under the mental health act require
arguments treatment for mental health illness and are at risk of any harm to themselves
or other people. This act will support that person in terms of providing proof of mental
illness and disabilities for person. This law in UK and Wales are updated in 2007. It tells
a person with mental health issues what their rights are regarding, treatment and
assessment in the hospital. For a lawyer to save that person is completely wrong, so the
results may be depend on the judge but they should not give any strict punishment. A
court can give order about to provide better treatment in any institute or any government
so criminal stay under government or court eyes and their mental health also may
recover.
Second act lawyer can use is mental capacity act 2005, this act of parliament of the
United Kingdom applying to England and Wales. The primary purpose of this act is to
give a legal structure for reacting or making effective decisions on behalf of adults who
have lacked the capacity in making specific decisions for themselves (Mills and Kendall,
2018). Lawyer also can present some human rights for criminal who face disabilities
and mental illness. In human rights, there are various articles such as right to life,
freedom from inhuman and degrading treatment, Right to fair trial, no punishment
without any law or evidence. Lawyer can use article 14 to save criminal, it requires that
all of rights or freedoms set out in act must be protected or adopted without any
discrimination.
A recent research found that youth with disabilities report experiencing more mental
distress than those without disabilities. In 2018 or 2019, estimated that 17.4 million
youth with disabilities experienced frequent mental distress defined as 14 and more
reported mentally unhealthy days in the past some months. Both disability and mental
illness are harmful for youth and country’s development. Inn criminal justice system
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most of people get less punishment due to these two reasons. Government can frame
other some polices rather than provide special treatments or facilities (Victimization of
People With Severe Mental Illness Outside and Within the Mental Health Care System:
Results on Prevalence and Risk Factors From a Multicenter Study, 2020).
It is concluded the above report, mental illness and disabilities are major issues
for human body. There are various criminals who are facing mental disorder and
disabilities issues and at the same time they do crime in any terms with their in stability
of brain function. There is significance and need for the criminal justice field to
investigate further examination into and how to diminish the victimization paces of the
handicapped By doing as such there is greater capacity to additional improve the field to
be more proficient on the theme, incorporate a more different populace to explore, lastly
consider society responsible for treatment of the impaired, checking possible casualties,
and by and large comprehend that being handicapped doesn't bunch you into a solitary
classification There are different act and articles which are helpful in saving those
criminals who did crimes with their bad mental health. Court and lawyers are not save
criminals in complete manner they punish in different manner such as they provide them
free treatment in any government institutes or campaigns. For criminals who face such
kind of issues there are many treatment are available and court should treat them in
different manner by applying some acts which are suitable for mental health and
disabilities.
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References
Winkelman, T.N., Chang, V.W. and Binswanger, I.A., 2018. Health, polysubstance use,
and criminal justice involvement among adults with varying levels of opioid
use. JAMA network open, 1(3), pp.e180558-e180558.
Online
Defining and assessing vulnerability within law enforcement and public health
organisations: a scoping review, 2019. [Online]. Available through:
<https://healthandjusticejournal.biomedcentral.com/articles/10.1186/s40352-019-0083-
z>
The eight key effective corporate governance practices, 2020. [Online]. Available
through: <https://www.pwc.ie/services/human-resource-services/insights/the-eight-key-
effective-corporate-governance-practices.html
Definition of disability, 2021 [online], Available through<
https://gsdrc.org/topic-guides/disability-inclusion/background/definition-of-disability/>
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