Criminal Justice System and Disability: An Over-representation Report

This report critically examines the over-representation of individuals with disabilities within the Australian criminal justice system, highlighting contemporary challenges in disability policy and services. It identifies discrimination, lack of adequate support, and breaches of existing laws as key issues contributing to the problem. The report also proposes desired changes, including tailored treatment plans, increased support from public bodies, and a shift towards medical treatment over imprisonment. Implementation issues such as potential costs, workforce requirements, and the need for systematic review are also discussed. The research emphasizes the unequal distribution of rights and power, advocating for improved awareness and equal treatment to address the systemic disadvantages faced by people with disabilities in the legal system. Desklib provides access to similar reports and study resources for further exploration.

The over representation of
people with disabilities in the
criminal justice system

Table of Contents
INTRODUCTION...........................................................................................................................................3
MAIN BODY.................................................................................................................................................3
Critically examine a contemporary challenge in Australian disability policy or disability services.........3
Clearly identify the desired changes and implementation issues arising from the findings of their
research...................................................................................................................................................5
CONCLUSION...............................................................................................................................................6
REFERENCES................................................................................................................................................7

INTRODUCTION
Discrimination is explained as the process of unfair or prejudicial treatment of the people
as well as groups which are based on different characteristics such as race, gender, disability,
sexual orientation and many more. It is one of the major problems for the community or even for
the nation because it has been creating number of problems for the people living in specific area.
Similarly, these problems are being seen within the premises of Australia as well where disable
people are not being treated equally as compared to normal people. By considering this, some of
the major topic will be discussed in the file where it will be identified about contemporary
challenged within the premises of Australia disability policy or disability services. Along with it,
it will be identified about the changes which are required from the research conducted.
MAIN BODY
Critically examine a contemporary challenge in Australian disability policy or disability services.
Australia is among one of the nations where number of cases arises for the breach of laws
and regulation where number of, they are disable as well. The disable people are mainly found in
mental disorder, physical disability, anxiety and many more. Both, in this particular situation, it
has been found that process of treating the patient is not same as they are being discriminated on
the basis of their disability. It is one of the strong reason due to which people with disability feels
of being outside the society in aspects of their daily living standards. The plurality of
discrimination toward disabled people isn't really intentional (Caruso and et. al., 2012). It may
occur as a result of implicit beliefs or mistaken perceptions, or inability to think about the
implications of particular decisions, but most often when often ignore that people with
disabilities are individuals with the very similar rights and obligations as any other person.
There are number of contemporary challenges in Australian disability policy or disability
services because it has been seen on number of occasion that law is being breached by public or
even by government bodies which are authorized to perform any of the specific task. The justice
is not being given to them which is among the major challenge. The way of treating for the
criminal justice is also not same because it has been found that no one wants to connect
themselves with disable people to resolve or bring them out of the any of the matter due to which
they had to face the problem of sentence and many more (Australian Rights Commission, 2020).

According to the National Disability Insurance Scheme, 2013 it is important to give opportunity
to disable person to select that what types of care and support is essential for them. But, it reality
all of this services are not being provided to them due to which disable people are suffering
(Dhanda, Kirby and Triggs, 2015). So, it is also one of the challenges that how any of the work
needs to be managed so that law which has been enforced can be followed by each of the person.
Disability inclusion is completely missing because they are not allowed to participate and even
people or even government agencies like police, court and many other do not provide them any
of the special treatment so that disable people can also contribute towards the society. In context
of criminal justice, people under disability condition are the one whose custody are being given
to police. In this particular situation, disable one has to face lots of problem because they have to
overcome from the issue of abuse.
There are number of occasion where order is passed for criminal justice but those
decision are as similar to normal criminal and later on government has to spend lots of money to
provide them all of the required health services. This indicates that government is not able to
provide the essential services to any of the disable person due to which discrimination increases
rapidly. There are number of other challenges such as government is not able to define that what
types of punishment should be given to any of the disable person because giving same level of
treatment in this particular situation will create higher problem. One of the main issues is that
disable people are not able to represent themselves at the specific level which is the challenge
where some of the important decision must be taken so that favorable decisions can be obtained
Richards and (Ellem, 2019). There are other challenges as well such as people are still unaware
about the laws and policies which they must follow in respect to disable people. Here, it has been
one of the major challenges for law making body is to make people and other government
agencies that how they are needed to treat any of the disable people so that they can recover from
their mental level.
In the recent media report, it has been determined that around 40 percentage of the
prisoner are suffering from the mental health issue. It was also identified that 10 to 15 times
higher number of people are facing the problem related to psychotic disorder. It shows that
proper justice is not bring considered for the people who are suffering from any of sort of issue.
The challenge is that how human rights of any people will not be affected and how fair justice

can be given in each and every cases (Henley and James-Nevell, 2017). The human rights are
being abused and some of the quick decisions needs to be taken so that positive results can be
obtained in a very short time period of time. Although, disability law gives right to the disable
people to present their facts but due to lack of support from legal advisor they are currently
suffering from different challenges and on a daily basis, the ratio of disability prisoners is
increasing at a great speed.
These challenges are increasing at a great speed where proper solution needs to be
obtained in a quick succession so that equal rights can be provided (HRW, 2018). In addition, it
will be necessary that how patient can be treated according to their disability level as it is also
equally crucial for bringing the changes.
Clearly identify the desired changes and implementation issues arising from the findings of their
research.
It was identified from the above-mentioned question that disability is one of the reasons
which is creating huge problem in current scenario. The issue which was found shows that
number of disability and mental related issues are increasing on a daily basis within the jail
which is among the major concern in recent time period. Looking at the situation, it is essential
that changes must be brought within the specific time period so that desire result can be obtained.
The first change which needs to brought is that how any of the disability person needs to
be deal must be specified and according to their nature, punishment or imprisonment should be
selected. It is necessary to understand that if problem of disability person will be not considered
in an specified manner then huge problem may occur because there are lack of support from
different bodies which they gets (Gulati and et. al., 2020). It is one of the important changes
which needs to be done by the government and if changes are successful then there is higher
probability to obtain effective result in future time period. The second changes are related to
bring some of the public bodies which can support the at the time of criminal justice. It is needed
because there are most of the case that has been identified where solicitor firm so not like to
support and of the disability people due to which there are number of occasion where people
have to suffer. Supportable evidences can surely help the disability to find out the best
conclusion decision due to which reasonable or not punishment can be declared. The third and
the important change which needs to be brough is that to provide medical treatment to the patient

rather than keeping them within the prison (Ma, Fallon, and Richard, 2019). There are number of
benefits of bring this particular change as patient will get the opportunity to bring back their life
to normal condition. Another benefit is that expenses upon prisoner can be reduced which can be
further utilized in different sector.
There are lots of discrimination related activity are being seen in recent time period, it
means it is crucial to conduct some of the awareness process where it can be tough that how any
of the person needs to be treated. These awareness program will allow to bring positive changes
against disability (Bartels, 2020). Then, it is very clear that human rights are always equal same
for each of the person whether they are disable or not on or even any of the one suffers from any
of the problem. But still rights are same due to which it is necessary court must authorize any of
the professional body which can handle the can from the disability point of view.
There are some of the implementation issues which may occur in whole of this process as
there is high probability that while changing the law and policy other people may have to suffer.
Secondly, changes in law and policy is always a costly process due to which unwanted
expenditure may arise from government points of view. Not only this but there are number of
other factors which may can be easily affected such as disability person should be given
treatment for cure which means addition work force will b required and this can become one of
the lengthy process where problem related to corruption and many more may arise easily
(Baldry, 2016). If in any of the agent whole of the process is not reviewed in a systematic
manner then the one who has taken the responsibility of handling the whole scenario may have to
suffer from lots of problem. In addition, the finding that came out while conducting the research
was related with unequal distribution with rights and power. It has been generally found that
people are not treated in the same form even any of the working platform wants to provide rights
and responsibility to the one who is fit and fine as compared to disabled person.
These are some of the changes which can be brought within the law and regulation for
disability in the premises of Australia so that the problem which are being faced by general
people can be reduced significantly.

CONCLUSION
From the above discussion, it has been concluded discrimination is one of the major
problems which can be seen in current scenario where changes must be made. Australia is among
one of those nation where fair criminal justice is not given to disability people and the result of
this problem is seen that people has to suffer from number of problems in number of occasions.
Being in changes to law and policies and providing medical treatment can be much effective for
disability defaulter as compared to giving them the punishment of prisonment.
REFERENCES
Books & Journals
Caruso, D. & et al. (2012). People with an intellectual disability and the criminal justice system.
Villamanta Disability Rights Legal Services Inc. p. 1-87. ISBN: 978-0-9871576-2-1
Dhanda, A., Kirby, H. M., & Triggs, G. (2015). dis-Abled Justice. Queensland Advocacy
Incorporated. ISBN: 978-0-646-93784-7
Richards, K., & Ellem, K. (2019). Young people with cognitive disabilities and
overrepresentation in the criminal justice system: service provider perspectives on
policing. Police Practice and Research, 20(2), 156-171.
Henley, B., & James-Nevell, S. (2017). Enabling justice: Listening to the stories of people with
lived experiences of both ABI and involvement in the criminal justice
system. Parity, 30(1), 43.
Gulati, G. & et. al., (2020). Experiences of people with intellectual disabilities encountering law
enforcement officials as the suspects of crime–A narrative systematic
review. International journal of law and psychiatry, 71, 101609.
Bartels, L. (2020). The Intersection of Disadvantage and the Criminal Justice System in
Australia–And Six Ways to Address This. Available at SSRN 3492805.
Ma, J., Fallon, B., & Richard, K. (2019). The overrepresentation of First Nations children and
families involved with child welfare: Findings from the Ontario incidence study of
reported child abuse and neglect 2013. Child abuse & neglect, 90, 52-65.
Online
Baldry, E. (2016). How the justice system fails people with disability—and how to fix it. ABC.
https://www.abc.net.au/radionational/programs/ockhamsrazor/australian-justice-system-
disability-indigenous/7326240
HRW. (2018). Australia: Prisoners with Disabilities Neglected, Abused. Humans Right Watch
https://www.hrw.org/news/2018/02/06/australia-prisoners-disabilities-neglected-abused

Australian Rights Commission. (2020). The rights of people with disabilities: Areas of need for
increased protection: Chapter 5: Criminal justice system. Australian Government.
https://humanrights.gov.au/our-work/rights-people-disabilities-areas-need-increased-
protection-chapter-5-criminal-justice