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Disability, Mental Health, and Criminal Justice: Understanding Vulnerability, Risk, and Danger

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Added on  2023/06/10

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This content explores the relationship between disability, mental health, and criminal justice system. It discusses vulnerability, risk, and danger faced by individuals with disabilities. The first blog focuses on vulnerability and deinstitutionalization, while the second blog discusses risk and danger in relation to the Bradley report. The content provides valuable insights into the challenges faced by people with disabilities and the need for appropriate support and care.

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DISABILITY MENTAL
HEALTH AND CRIMINAL
JUSTICE

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Table of Contents
BLOG 1............................................................................................................................................3
BLOG 2............................................................................................................................................5
BLOG 3............................................................................................................................................8
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BLOG 1
Title- “Vulnerability in relation to disability and mental health/illness within criminal justice
system”.
According to, Shao and et.al., (2019) vulnerability is defined as state or quality of being
exposed to the possibility of being harmed or attacked, either emotionally or physically. This
term refers to that actual state of individual mental condition. Vulnerability is related to disability
and mental health, in term of specifying that a person with poor mental health or any kind of
disability may harm other and themselves, which is not good them as well as people who live
around them. On the other hand, Adams and et.al., (2020) said that individuals and specific
groups may vulnerable on account of the severity of their disability; the low scores with specific
disability, especially unhelpful public attribute; poor professional and public awareness of
particular needs and major concerns. Most of the people with major disabilities such as vision
impairment, mental health conditions, autism spectrum disorder, deaf, physical disability, etc. are
vulnerable because of varied barriers that they may face to conduct daily activity such as
listening music, watching videos and others. Due to having some disabilities and facing number
of issues, they may get anger or ready to harm other as well as own-self which is not good for
their mental stability of health.
Vulnerable adults with intellectual disability victimized within criminal justice system,
that is described as network of private agencies and governmental bodies. They may intend to
manage convicted and accused criminals, who may harm others because of several reasons, and
vulnerability is included in the same category (Griffiths and et.al., 2019). Adults with intellectual
disability are victimized within this form of network, who live in the community and are
susceptible to become consist in criminal justice system as victims and suspects. Vulnerability is
fewer in the universe that is not sensitized to harm. There are different types of factors or forces
accessible in the world that make a person, especially adult vulnerable. Disabilities among adults
is the best example of a factor that impact negatively upon individual mental health and make
them a victim, who may harm others by using anything that might be dangerous for their life as
in many cases' victim due to anger and depression with vulnerability killed an individual (Spaan
and Kaal, 2019). Any form of disability among adults in the recent time it not a big issue,
because numbers of treatments and approaches make their disability their power to survive and
grow in the world, but it impacts adversely when their disabilities affect mental health as
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outcome it arises aggressive attribute that make them victim. Medical model of disability is
relevant to current topic as it specify that people are disable by their differences or impairments
(Hogan, 2019). Under this concept, each form of difference and impairment might be altered or
fixed in term of medical and other forms of treatments, even when these two terms does not
cause illness or pain. It looks at what is wrong with a person and not what they need. According
to medical model of disability, wrong things with people create low expectation and also lead to
individuals losing independence, control and choice in their lives.
People with vulnerability or disabilities be de-institutionalized from the criminal justice
system, because they are not conducting any harmful activity intentionally. They are facing some
drastic situation due to mental and physical health issues that impact their mind and the way they
reach or act toward any circumstance. They are not born criminal who attack others because of
specific reason or purpose such as robbery, etc. Criminal justice system is set of government
agencies that may take charge with enforcing laws, correcting criminal situation and adjudicating
crime. This set of agencies may focus on criminal act of person, especially in case of people
disabilities, who may attack others as they are not mentally and physically stable that affect their
mind development (Effect of deinstitutionalisation on quality of life for adults with intellectual
disabilities: A systematic review, 2022). Therefore, the governmental bodies may consider their
condition and then take decision that is good for them and others who live around individual
adult within vulnerability. It can be said that de-institutionalization is defined as wide scale
elimination of longer term care, residential facilities for mental ill and state rune. This approach
may improve the quality of life of vulnerable adults with intellectual disabilities, as the policy of
this concept is based on proposition that quality of life of individual person with any disability
such as intellectual one may improve as outcome of being moved from institutions or
organizations to community based care setting. It may put positive impact on their lives and
standard of living in form of increasing power to take decisions and fully participate in society,
where they can see others with some disabilities and the way they live their lives without taking
too much stress. When individual adult with intellectual disability may move from insinuations
to community base health care setting they may start watching others living happily, which may
boost their confidence level and drive the attention toward improving quality of their own life,
that is quite essential ad beneficial for them to do so. In case of vulnerable people, there are
several approaches accessible that their family and close one may take initiative to utilize. For

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example, they may assure that these kinds of individuals live in safety, and keep them away from
any form of neglect and abuse that directly put negative impact on their mental and physical
health. Furthermore, youths that are made victim and vulnerable within criminal justice system
can be helped not to reoffend in form of empowering them by encouraging to make their own
decisions, instead of depending on others. It is the best way that people around youth with
vulnerability may adopt and use in appropriate manner, which plays significant role in mental
and physical health improvement. Along with above two, prevention of these individuals from
risk of abuse also consider as safeguarding technique.
Reference.
Adams, S. H and et.al., 2020. Medical vulnerability of young adults to severe COVID-19 illness
—data from the national health interview survey. Journal of Adolescent Health. 67(3).
pp.362-368.
Griffiths, S and et.al., 2019. The Vulnerability Experiences Quotient (VEQ): A study of
vulnerability, mental health and life satisfaction in autistic adults. Autism Research.
12(10). pp.1516-1528.
Hogan, A. J., 2019. Social and medical models of disability and mental health: evolution and
renewal. CMAJ. 191(1). pp.E16-E18.
Shao, J and et.al., 2019. Why are older adults victims of fraud? Current knowledge and prospects
regarding older adults’ vulnerability to fraud. Journal of Elder Abuse & Neglect. 31(3).
pp.225-243.
Spaan, N. A. and Kaal, H. L., 2019. Victims with mild intellectual disabilities in the criminal
justice system. Journal of Social Work. 19(1). pp.60-82.
Online
Effect of deinstitutionalisation on quality of life for adults with intellectual disabilities: A
systematic review. 2022. [Online]. Available Through:
<https://www.researchgate.net/publication/332679998_Effect_of_deinstitutionalisation
_on_quality_of_life_for_adults_with_intellectual_disabilities_A_systematic_review>
BLOG 2
Title- “Danger and risk in relation to disability and mental health/illness within criminal justice
system”.
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The terms risk and danger are associated with disability, mental health and criminal
justice system, as individual with any form of disability may be usually vulnerable to crime
including interpersonal violence such as sexual abuse, physical assault, stalking, relationship
violence, etc (Risk Factors for People with Disabilities, 2022). The main factor behind being
vulnerable is population as they regardless of gender or age, are often the least capable to
consider any type of danger and protect or prevent themselves with any other criminal activity
that may put adverse impact on their physical and mental health. People with intellectual, hearing
and visionary disability are facing different types of dangerous situation that enable them to fall
under risk that affect negatively upon their well-being (Kamalakannan and et.al., 2021). These
kinds of individuals are least capable to gain assistance within criminal justice system, which is
not beneficial for their lives. They may be less vulnerable more than the rest of the people's to
other criminal activity such as auto theft since less of them own vehicles. The danger around
disable people existing as always and because of this reason they may need some additional care
and attention from those who can take better care of them, which contribute to improve the
quality of life. In case of sexual assault, majority of people with disability are becoming victim
as they face challenge to protect themselves, which is important for them to do that, but they are
unable. Any support from criminal justice system they may do not obtain in that case which
affect their mental stability.
Forrester and et.al., (2018) The Bradley report is the best theory that apply in case of
danger and risk in relation to disability and mental health and within criminal justice system.
This concept present a effective and comprehensive plan that help to eliminate reoffending and
improve public health by the ending revolving door to custody in case of mental illness and
learning disable offenders in form of people with a disability. The prison reforms community
calls on government to implement the Lord Bradely's suggestions without delay that impact
quality of life of individual with some disability that make their journey challenging and full of
danger as well risk which they are unable to overcome like other people's who live normally.
Lord's Bradley's review is published on 30, April in 2009 which play important role in case of
individuals with disabilities. This review considered that majority of disable offenders with less
extent mental health disorder are not harmful for others, and they can better treat outside prison
system or criminal justice system without any form of challenge or risk to public. People with
disability face risk and dangerous situations, instead of being danger for others. The strategic
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recommendations that cover under Bradley's report suggest that government may efforts
establish or form mental health and criminal justice team, among which skilled, knowledgable
and talented candidates perform to make assure that right mental health as well as learning
disability support and service are always available for people in contact with the CJS.
In the view of, Ellem, (2019), in today's ear, people especially adults with disabilities
such as hearing, visionary, intellectual, etc. often are at high extent risk for health issues that
might be prevented in form of taking right action and decision that affect positively upon quality
of life. Offenders with some disabilities have a vulnerable status in the prison, who are facing
issues due to inappropriate facilities and lack of care accessible to address their needs and
requirements, which lead to increase more complications in the context of mental and physical
health of people with disabilities. Bradley's report also covers some strategic and effective
suggestions for these people as well, which drive the attention of governmental bodies and set of
government toward implementing some suitable recommendations that impact individuals
positively.
As a outcome of having a particular form of disability such as spina bifida, deaf, and
other mental or physical health situation can occur that affect individual with disabilities in
negative manner. The danger and risk of victimization for people's with disabilities in a earlier
context of victimization studies usually (BRADLEY REPORT, 2022). Old, females, young and
mental disabled people are usually vulnerable to victimization. Alcohol usage, body
measurements, illicit drug use, nutrition, overweight and other terms are included in category of
risk and disability factors that make individual person less able to prevent themselves from any
unethical activity that impact negatively upon their well-being. In case of people with physical
disability such as handy cap, are facing different types of risks such as they are unable to walk or
run away from those places where they measure any danger which may put negative impact on
their life. In that situation, they may do not take any form of support from criminal justice system
that only suitable to criminal activity in regard to victim who might be accused by suspects.
Bradley's report is accessible in the world that specify clear review to government regarding
individual with disabilities life's and struggle they do to live normally that is not possible. The
current concept may suggestion that government may restrict the utilization of anti social
behaviour orders for individual with some mental health issues that affect the way they conduct
daily activities and plan to implement into practical manner to obtain desire outcomes. It is fact

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that learning disability and any kind of mental illness make it challenging for many individuals
to comply with ASBOs. Bradley report review defines to Home office evidence that more than
60% of those issued with anti social behaviour orders may mitigate force such as learning
disability, mental stress, etc. This report and review are quite supportive in case of people with
disability in term of providing those valuable suggestions that implementation can change
everything for people with vulnerability that affect whole life. It may support to improve life
quality, that a vulnerable wants.
Reference.
Ellem, K., 2019. Supporting people with cognitive disabilities in contact with the criminal justice
system: The importance of relationship-based practice. Research and Practice in
Intellectual and Developmental Disabilities. 6(2). pp.164-177.
Forrester, A and et.al., 2018. Mental illness and the provision of mental health services in
prisons. British Medical Bulletin. 127(1).
Kamalakannan, S and et.al., 2021. Health risks and consequences of a COVID-19 infection for
people with disabilities: Scoping review and descriptive thematic analysis. International
journal of environmental research and public health. 18(8). p.4348.
Online
BRADLEY REPORT. 2022. [Online]. Available Through:
<http://www.prisonreformtrust.org.uk/WhatWeDo/Projectsresearch/Mentalhealth/
TroubledInside/BradleyReport#:~:text=The%20Bradley%20Report%20presents
%20a,Lord%20Bradley's%20recommendations%20without%20delay.>
Risk Factors for People with Disabilities. 2022. [Online]. Available Through:
<https://nap.nationalacademies.org/read/10042/chapter/4#26>
BLOG 3
Title- “Victimhood in relation to disability and mental health and criminal justice system”.
According to, Chappell and Maggard, (2021) victimhood is related to mental health and
disability as it refer to state from which individual person tend to recover, for purpose of leading
normal lives. People with disability tend the same as they are facing varied challenges that affect
the way they live before being disabled. Victimhood term defines the situation of these people
who may have been damaged, hurt or made to suffer, especially when they want suspect or a
person who harm to feel guilty of what they did that impact negatively upon others who are
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disabled to hear, run and conduct any physical or mental activity like those who are independent
and do not take support to eat, understand, etc. It can be said that people with intellectual
disorder may significantly less likely to have official record of offending and victimization
overall, their extent of violent and a form of abuse, were usually higher, that is not good for their
life's (Spaan and Kaal, 2019). The existence of comorbid mental issue considerably maximize
likelihoods of offending and victimization. In the recent time individuals with some disabilities
such as intellectual are at increase risk for sexual and violent victimization. Recently, youngsters
become the victim of sexual abuse that impact their mental health. This circumstance arises with
those who are disabled and unable to protect themselves to fall in this situation. Individual with
disabilities are considered as vulnerable as well as marginalized group. The person who face the
worst situation due to a kind of abuse or unethical activity become a victim, that might be
disable. These individuals are having no rights under criminal justice system and state undertakes
the overall accountability to punish or prosecute offenders by treating victims as mere witnesses.
Without having any right under CJS, victims such as people with disability, like hearing, etc.
face trouble, but still they might catch some solutions as punishment from state side.
In the view of, Cadigan and Smith, (2021) victimhood is not only a concept of self, but of
mental and physical stability that has been affected due to some major factors that impact both
terms negatively. A person with disability may become victim of some assault and abuse when
they do not prevent themselves in drastic situation, as it may lead to decrease their moral and
confidence level as well as quality of life. Majority of people with intellectual and other
disabilities attempt suicide as they are unable to obtain any support from criminal justice system
that affect their hope.
Social identify theory is applicable in term of victimhood that related to mental health,
disability and concept of criminal justice system (Pantazi and et.al., 2022). The aim of current
theory is to predict and clarify the situations under which individual person with some disability
may think of individuals and themselves or as group members. It may consider the possible
consequences of social and personal identities for individual group behaviour and perception.
The social identify theory state that when individual person may categorize themselves as
member of social groups or unit then they may define themselves more in form of their group,
instead of their personal features. Thus, sharing a basis identify with a victim like people with
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disabilities of injustice is a potential issue of threat, especially when they are highly identified
with their own unit.
The inappropriate of identification may affect mental and physical well-being of
individuals, which may drive their attention toward taking some health care treatment that
support to overcome the drastic change in their life's. Adults with disability and mental issue
recently face situations in term of abuse, including physical or emotional that affect their
decision-making and effectiveness to put efforts in regard to conduct any normal activity.
Victimhood refer to the actual state of mind and human life, which is not good and normal like
the others, who are living a normal life without facing any mental and physical issues. It can be
said that when a victim has some disabilities, the problems may be further challenging and
complicated they may unable to obtain help with criminal justice system. Some courts may have
awarded custody to batterer rely on an assumption that adult with disability may better off with
an capable bodied offender than with a victim who may have a disability such as intellectual.
Victim is an overloaded term in disability rights community or unit. In the medical and
criminal justice system, people with a form of disability may have historically considered as
victim of their own disabilities, which other people take inappropriate advantage such as sexual
abuse. It may destroy the growth and development of individual in the society which is not
suitable for their living (Lantz, Gladfelter and Ruback, 2019). It is important for medical health
care system and other stakeholders who are able to support these people's to consider the overall
situation and then take legal action against suspect who may abuse adult with disability. Under
criminal justice system, a victim is considered as persons who, collectively and individually
suffering from harm, whether it is mental or physical, as well as emotional that decrease their
motivational level. Some harm includes economic loos, mental injury and substantial impairment
of their fundamental right via legislations. In CJS, victims are not having any right as they take
another approach to overcome the situation. While, it can be said that the journey of victims like
adults with disabilities begin with crime but then it may take two different paths. As many
victims may select not to report any criminal activity that affect their life, which outcome they
never come into any contact with criminal justice system. On the other hand, crime victim such
as sexual abuse opt to report to crime and take legal action against the activity to navigate via
criminal justice system as it may provide them some rights, which they may use appropriately
and in systematic manner.

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Reference.
Cadigan, M. and Smith, T., 2021. “Are You Able-Bodied?” Embodying Accountability in the
Modern Criminal Justice System. Journal of contemporary criminal justice. 37(1).
pp.25-44.
Chappell, A. T. and Maggard, S. R., 2021. The impact of victimization, mental health problems,
and disabilities on juvenile justice processing: does gender matter?. Crime &
Delinquency. 67(2). pp.147-178.
Lantz, B., Gladfelter, A. S. and Ruback, R. B., 2019. Stereotypical hate crimes and criminal
justice processing: A multi-dataset comparison of bias crime arrest patterns by offender
and victim race. Justice Quarterly. 36(2). pp.193-224.
Pantazi, M and et.al., 2022. “Historia est magistra vitae”? The impact of historical victimhood on
current conspiracy beliefs. Group Processes & Intergroup Relations. 25(2). pp.581-601.
Spaan, N. A. and Kaal, H. L., 2019. Victims with mild intellectual disabilities in the criminal
justice system. Journal of Social Work. 19(1). pp.60-82.
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