Disability Mental Health and the Criminal Justice System
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This blog explores the intersection of disability, mental health, and the criminal justice system. It discusses vulnerability, legislation, and the role of the criminal justice system in protecting vulnerable individuals. The blog is divided into three sections: mental health disorder, disability, and criminal justice system.
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Disability Mental Health and the Criminal Justice System
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Table of Contents BLOG 1: MENTAL HEALTH DISORDER.....................................................................................3 BLOG 2: DISABILITY.......................................................................................................................5 BLOG 3: CRIMINAL JUSTICE SYSTEM......................................................................................7 REFERENCES..................................................................................................................................11
BLOG 1: MENTAL HEALTH DISORDER. In mental health, the term vulnerability generally refers to the basic susceptibility towards the mental health illness. It is mainly identified by the genetic makeup as well as the early life experiences of an individual as well. in this, the concept of vulnerability in the studies is not often clearly defined as well as has been criticized as being too broad to be useful. As per the author “Philip T. Yanos et. al., (2009)”, the people with mental health illness generally been considered to be potentially vulnerable in the very two pathways; because of their impaired ability to give an informed consent as well as because of their vulnerability to the compulsion as an outcome of the power disparity among the researchers as well as the possible contributors. In context with capacity-based vulnerabilities among people, there are various studies that has been documented the specific degree to which an individualhavingmentalhealthillnesssuchasschizophreniaaregenerallyableto comprehend an informed consent. The people with schizophrenia illness generally noted that the two major conclusions can be drawn from the studies which the majority of this population is generally able to understand the consent procedures as well as that on an average these people can exhibit a reduced understanding of knowledge than an individual who is without having any mental health illness. In this, the findings generally depict that however,diminishedcapacityisindeedanessentialconsiderationwithrespecttoan individual who have the mental health illnesses, it is nevertheless is not global or even typical as well (Research Risk for Persons With Psychiatric Disorders, 2009).
In contrast with power-based vulnerability, the concept of vulnerability that is generally due to a power disparity that has not been systematically studied within the people having mental health illnesses. Therefore, a wealth of the psychology studies can give evidence which the people are significantly more vulnerable towards the social impacts as well as to comply with the specific commands of an authority figures when they are specifically placed within an institutional sector where their autonomy is limited. The risk is generally identified by simply considering both the magnitude of potential harm as well as the possibility of potential harm. Therefore, there is been some of the disagreement over whether the study can include two or more categories, the recent predominant opinions is that the three risk levels must be considered such as the low risk, minor increment over reduced risks as well as the high than the minor enhancement over the low risk. It is generally a belief that the level of the risk which involve various types of research can pose for an individual having mental health illness can be unique from the risk levels that is generally posed to the other people. in addition to this, the concept of low level of risk was specifically drawn from the concept that the possibility and a magnitude of harm and discomfort that is anticipated within the study are generally not higher in and of themselves than those people who are generally encountered within their regular life or during the performance of a daily routine physical or a psychological test or an examination as well. the specific risk factors that can involve in the mental health illness such as a person having a history of mental well-being disorder within the blood relatives like parent or siblings and so on. It can also include a stressful situation that are arises within lives of an individual like the economic or financial issues, death of the loved ones or divorce and many more (Almhdawi et. al., 2018). The risk factors to the mental health illness can be an ongoing medical situations or conditions like cardiovascular illness, diabetes, cancer and many more severe illnesses. In
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this, the legislation framework within mental health can specifically gives an effective legal frameworkfor addressingthecriticalproblemslikethecommunityintegrationof an individual with the specific mental illnesses. Furthermore, the services framework for the mental well-being as well as wellness care services can set an effective standard in context with access to the effective mental health services, assessment, diagnosis of the mental health services, the care and treatment, the self-management as well as the recovery of all the young and adult people who can involve a mental well-being issue or the conditions. In contrast with The Mental Health Act 1983, it is generally the legislation within England and Wales, specifically updated in the year 2007. It specifically tells individual who are having mental health illness what their specific rights are in accordance with their assessment and the care treatment within the care organizations, the care treatment within the community as well (Service Framework for Mental Health and Wellbeing 2018-2021, 2018). In addition to this, there is another legislative framework present such as The Mental Capacity Act, generally designed to empower as well as can protect the people who generally lack the mental capacity in order to make the specific decisions about their care as well as the treatment. While talking about crime, if is generally identified that the male who are having high mental well-being illnesses were specifically 21/2 times much likely as compared with no illness or handicapped that are not been registered for a specific criminal offense. In this, the females having critical mental health illness are specifically five times greater likely than the females who are having no mental health illness or handicapped to be registered for an offense and generally the 27times greater to be registered for a violent offense or behaviour as well (Mental Disorder, Intellectual Deficiency, and Crime, 2022). BLOG 2: DISABILITY. Disability refers to a condition of body or mind. It is also referred as the impairment which create difficulty for an individual to co-ordinate. This is the condition where individual is not able to perform some certain activity and not able to proper interaction with the world around them. Disability includes vision impairment, mental health conditions and the actual disability, physical disability and others. Impairment also includes as a disability where an individual is not able to perform body function which are not effective to do so. Some the body functions can create an anatomical issue. Here, the individual is needed to proper care and support to perform different activity like normal human activity(Mackenzie and et. al., 2014).
Vulnerability includes the severity of disability that restricted them to perform the different activity. Here, it also decreases their motivation and self-esteem to perform any task that can have high impact on the delivery of better services to provide better support. A vulnerable adult refers to a person who need community care services due to mental health or their disability. It includes different type of exploitation or harm which can have a significant negative impact on the individual. When any individual as having lack of independence or feel that they are not able to live fully and face different type of issue which are arises due to their disability. This may lead to experience social isolation and depression due to result of their limitations. Vulnerability describes the circumstances and characteristics of system and communities which is susceptible to damaging effective(Scully, 2014). Person with disability can face difficulties and needed for better care and support that can enable them to provide some motivation and help in performing different activities which can be helpful to improve their quality of life. There are large number of disabled people who are vulnerable to danger or risk due to their disability. Here, person with a disability have higher chances to get vulnerable when they perform any activity which cannot be possible to perform by that individual. Even after that individual with a disability like to perform that activity. It can create the danger and risk of harm and danger. In such type of situation, there is need for proper care and support to the individual which can be effective and can help to evaluate the conceptualization of any risk or danger(Gilmore and Cuskelly, 2014). There is also need for monitoring such type of disabled people to enforce them to learn about performing activities according to their ability. Moreover, individuals should also treat positively to perform certain activity which are not possible to perform independently without any monitoring of any individual. There is a need of any individual or caregivers who should take in consideration while person with disability is performing an activity that is not easy to perform due to disability. In such type of situation, where people with vulnerability exposes
to the individual and can have high risk of danger that can lead to create a negative health impact on the individual with disability(Knight, 2014). In context with legislations in disability, there are various egal frameworks that are significantly related with the disability such as The Disability Inclusion Act 2014, the act can specifically associate to the accessibility of a mainstream services and the effective facilities, the promotions of the community inclusion as well as the care provision of the fundings empowerment and the services for the person having the specific disabilities. In this, it can also include The Equality Act 2010, a person is specifically disabled under the Equality Act 2010, if an individual can involve both mental as well as a physical damage which has a substantial as well as having a long-term negative influence over the ability to do the normal regular activities. In context with The Convention on the Rights of a Persons with Disability was specifically adopted by the United Nation and is mainly intended as a human rights instrument having an explicit, as well as the social improvement dimension. It mainly adopts a wide categorization of an individual having a disability and can reaffirm which all the people having disabilities should enjoy all the essential human Rights as well as essential independenceaswell.furthermore,theUnitedNationhassignificantlystressedthe embodiment the principles of the Convention which a person having disability must not be treated as an object of charity but it must be treated as a subject with having rights, who are generally involve ability of claiming those effective rights and can make the effective decisions for their lives that is based on their free as well as an informed consent and being as an active member of the community as well (Disability in the UK: Rights and Policy, 2018).
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BLOG 3: CRIMINAL JUSTICE SYSTEM. Criminal justice system refers to the establishment of maintaining law and order. It also enables to control crime. Various wayscan be effective in the criminal justice process that can lead to create high impact on the crime. Criminal justice system includes police, court and correction. It may include different pillars,law enforcement,prosecutions, courts, corrections and the community.The criminal justice system has a feature to provide and maintain law and order in the country. It also includes in maintaining social solidarity within the country. Here,judge,police,defence lawyer andpublicprosecutor are the functional body within the system(Ammon and et. al., 2018). Criminal justice system is made for providing better piece and help every individual in the country to live them quality of life with peacefully. In this,a person may get vulnerable when they are not get protected from any type of exploitation or harm due to situational and personal circumstances. In this, criminaljustice system needs to provide proper protection to every individual within the country through implementation and enforcement of law which can enable individual to get protected from any type of exploitation or harm(Cusack, 2020). Vulnerability includes the criminal justice system which is concerned with being socially constructed to serve the economic and political interest. It can also include the create the impact of urgency,seriousness,risk,social ill and need to act. It includes the matter where individuals are entitled to assist to justice. Here,person who are not vulnerable or should be excluded or marginalized within the court towards the duty to safeguarding. Ithas high influence over the criminal justice system. It includes the surrounding of risk and fragment where it can influence factor that are associated with inconsistent problem situation. Here, policeshouldprovide safeguarding tovulnerablepeople who are not able to get protectionagainstanytypeofexploitationorharm.Here,vulnerabilityincludesthe
psychological characteristic or mental state where they should provide proper protection and safeguarding against any type of harm(Day and Gill, 2020). Criminal justice system includes the protection against any type of harm or neglect to the people who are not able to deal with it effectively. In this,various vulnerable people get exposed towards any harm or crime. In this,criminal justice system is one of the systems which provides protection against such type of form orvulnerability. Here,by including the different bodies of the criminal justice system,it can provide better help and support to deal with the situation.criminal justice system amplifiervulnerabilityinstitutionally to the whole focus on the responding to emergencies,crises and the possibility of physical or social death. different bodies of the criminal justice system have the responsibility to provide protection where policehaveimportant role and providing proper protection and fight against crime to reduce it more effectively(Keay and Kirby, 2018). Here,policing his one of the main front end of the criminal justicesystemthat takes action and in the first instance which can inform the justice and counter and other stages of the criminal justice system. Policeproduce one reliable individual and provide better attention and protectionto vulnerablepeoplewho actas a victim and offenders transfer the legal and penal system. vulnerability implies to the person who are exploited and harmed by any individual in order to personal or some specific other cause. Here,criminal justice system should produce their body and provide proper protection to such type ofvulnerablepeople againstharm or any type of thread or danger(Kaukinen, 2020). In the criminal justice system,there is a concept about the danger and risk which can createvulnerablepeople when they are exposed to any type of harm or exploitation. Criminal justice system body like police have the main role to provide protection and ensure about neutralization the threat which can create the situation ofvulnerabilitywithin the local area. Here,policing has the main role to fight and deal with the danger andriskwhich can have a chance to create any type of misconduct within the society. Here,criminal justicesystem provides proper protection and take the responsible person to the other body of criminal justice system like court and punishment(Earle and Blackburn, 2021). There is a legal definition of crime can be known as the violation of law. In society or sociology,it can be quite different which includes any criminal activity which can create social deference and violation of established norms. This can include individual law that are violatedfor getting benefit by an individual. Inthis,police need to perform well and provide proper protection andensure about proper regulation of laws(O’Sullivan, 2018).
Here,vulnerabilityconcernswiththepsychologicalexplanationwhichinclude different type of psychologicalvulnerability which are relevant with evaluation of victim, suspect,witness in the criminal cases(Tomsen and Kirchengast, 2019). This can also be labelled as a mental disorder like learning disability mental illness and personality disorder. It alsoincludeshavenormalmentalstatelikephobia,anxiety,mentaldisturbanceand toxication or withdrawal from alcohol or drug. Here,peoplewithdifferent aspect should be protected to get better quality of life. Police should act effectively and criminaljusticesystem should perform well and enforcelaw and implement it effectively which can provide better protection and safeguard tovulnerablepeople(Klein and Potter, 2018). Some sociologistsays that victimhoodis a social construction. It can includethe Identity or level which created and became master status which can be deviant. Victimhood includes as a concern of political,cultural and legal construction in which it includes legal and political allies with creating layers of exclusion. When anyvulnerablepeople face any type of harm or exploitation then they getsome proper treatment of victimhood where criminal justice system should ensure aboutproviding proper justice with less timeand should provide proper protection and try to provide them proper justice. In this duration,it includes different bodies of criminal justice system to perform collaborated and provide justice to the victim.Here,they should be treated well and associate with the criminal justice system to get justice(Franko and Goyes, 2021).
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REFERENCES Books and Journals: Almhdawi, K.A., Kanaan, S.F., Khader, Y., Al-Hourani, Z., Almomani, F. and Nazzal, M., 2018. Study-related mental health symptoms and their correlates among allied health professions students.Work,61(3), pp.391-401. Ammon, B., Iroh, P., Tiruneh, Y., Li, X., Montague, B.T., Rich, J.D. and Nijhawan, A.E., 2018. HIV care after jail: low rates of engagement in a vulnerable population.Journal of Urban Health,95(4), pp.488-498. Chu, X.W., Fan, C.Y., Liu, Q.Q. and Zhou, Z.K., 2018. Cyberbullying victimization and symptomsofdepressionandanxietyamongChineseadolescents:Examining hopelessness as a mediator and self-compassion as a moderator.Computers in Human Behavior,86, pp.377-386. Cusack, A., 2020. Addressing vulnerability in Ireland’s criminal justice system: A survey of recent statutory developments.The International Journal of Evidence & Proof,24(3), pp.280-306. Day, A.S. and Gill, A.K., 2020. Applying intersectionality to partnerships between women’s organizations and the criminal justice system in relation to domestic violence.The British Journal of Criminology,60(4), pp.830-850. Earle, S. and Blackburn, M., 2021. Involving young people with life-limiting conditions in research on sex: the intersections of taboo and vulnerability.International Journal of Social Research Methodology,24(5), pp.545-551. Franko, K. and Goyes, D.R., 2021. Profiting From Pablo: Victimhood and Commercialism in A Global Society.British Journal of Criminology, pp.1-18. Gilmore, L. and Cuskelly, M., 2014. Vulnerability to loneliness in people with intellectual disability: An explanatory model.Journal of Policy and Practice in Intellectual Disabilities,11(3), pp.192-199. Kaukinen, C., 2020. When stay-at-home orders leave victims unsafe at home: Exploring the riskandconsequencesofintimatepartnerviolenceduringtheCOVID-19 pandemic.American Journal of Criminal Justice,45(4), pp.668-679. Keay,S.andKirby,S.,2018.Definingvulnerability:Fromtheconceptualtothe operational.Policing: a journal of policy and practice,12(4), pp.428-438. Klein, A. and Potter, G.R., 2018. The three betrayals of the medical cannabis growing activist:Frommultiplevictimhoodtoreconstruction,redemptionand activism.International Journal of Drug Policy,53, pp.65-72. Knight, A., 2014. Disability as vulnerability: Redistributing precariousness in democratic ways.The Journal of Politics,76(1), pp.15-26. Ligon,E.andSchechter,L.,2003.Measuringvulnerability.TheEconomic Journal,113(486), pp.C95-C102. Mackenzie, C., Rogers, W. and Dodds, S., 2014. Introduction: What is vulnerability and why does it matter for moral theory.Vulnerability: New essays in ethics and feminist philosophy, pp.1-29. O’Sullivan, O.P., 2018. Autism spectrum disorder and criminal responsibility: historical perspectives, clinical challenges and broader considerations within the criminal justice system.Irish Journal of Psychological Medicine,35(4), pp.333-339. Oxhandler, H.K. and Pargament, K.I., 2018. Measuring religious and spiritual competence across helping professions: Previous efforts and future directions.Spirituality in Clinical Practice,5(2), p.120. Pascual‐Leone,A.andBartres‐Faz,D.,2021.Humanbrainresilience:Acallto action.Annals of Neurology,90(3), pp.336-349.
Scully,J.L.,2014.Disabilityandvulnerability:Onbodies,dependence,and power.Vulnerability: New essays in ethics and feminist philosophy, pp.204-21. Online: DisabilityintheUK:RightsandPolicy,2018[Online]Availablethrough: https://researchbriefings.files.parliament.uk/documents/LLN-2018-0071/LLN-2018-0071.pdf Mental Disorder, Intellectual Deficiency, and Crime, 2022 [Online] Available through: https://jamanetwork.com/journals/jamapsychiatry/article-abstract/495755 Research Risk for Persons With Psychiatric Disorders, 2009 [Online] Available through: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2865129/ Service Framework for Mental Health and Wellbeing 2018-2021, 2018 [Online] Available through:https://www.health-ni.gov.uk/sites/default/files/consultations/health/MHSF%20- %20Service%20Framework%20-%202018-2021.PDF