Disability, Mental Health, and the Criminal Justice System: A Review

This essay examines the intersection of disability, mental health, and race within the criminal justice system. It discusses how disabilities, both physical and intellectual, impact individuals' experiences as victims, witnesses, and suspects, highlighting the importance of the Criminal Justice Act 2003 and Sentencing Act 2020 in protecting their rights. The essay also explores the challenges faced by individuals with mental health conditions within the system, emphasizing the need for mental healthcare services and diversion programs. Furthermore, it touches upon racial disparities and the role of the criminal justice system in administering justice fairly, advocating for human rights, equality, and addressing discrimination. Desklib provides a platform for students to access this essay and numerous other solved assignments and study resources.

DISABILITY,MENTAL
HEALTH AND THE
CRIMAL JUSTICE
SYSTEM
STUDENT ID NUMBER: DATE:
10/06/2022

Table of Contents
Disability and criminal justice system...........................................................................3
Mental health and criminal justice system....................................................................6
Race in the criminal justice system.........................................................................10
REFERENCES...........................................................................................................13
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Disability and criminal justice system
A disability is based on the condition of human body and mind that makes it more
complex or difficult for person with condition. In some cases, an individual’s can also
perform the unnecessary activities. People with disabilities are the most common
thing and does not forgotten when people can involve in the criminal justice system.
Disability is classified based on the state of the human body and mind which makes
it more complex or difficult for an individual to communicate properly. People with
disabilities have a common factor and valuable approach to identify the right of
access in terms of justice. It should not consider more experience related
discrimination, mistreatment in any kind of justice system. According to the disability
equality act section 6, it referred to the person those are trying to protected or secure
the characteristics. It also sharing the characteristics and giving a reference to
person who have faced disability. Based on the statistical data, 26% of disable
person has faced violent crime while targeting 12% of population (Sarrett and Ucar,
2021). It also estimated the rate of violent against the person with disability such as
46% to 12%.
According to criminal justice act 2003, it stated that provide a sentencing
framework which can be represented as clear, more flexible than current one.
People with disability uses a criminal justice act 2003 section 146, which means that
provide the better protection for adults so that they can easily identified the statute
for first time, punishment, reduction of crime rate, public protection and rehabilitation
(Rotter and Compton, 2022). It is important aspect for people who have focused on
the intellectual as well as disabilities development. They have a right to use criminal
justice act and maintain fair treatment in different areas of criminal justice system. It
can be affordable for individuals, and maintain accommodations that require to make
a proper justice and fair treatment. Under the section 146, the people with disability
have been demonstrating the hostility due to the victim disability. At that time, it is
important to motivate or inspire people by using hostility. For example- the court
supports in the fair treatment and provide the protection with individuals through
legislation.
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When a disable people can be involved in criminal justice system and part as
witness, suspect and victim. It attempt can be hidden the disability (Courtenay,
2021). Defendant with development of disabilities are denied in terms of fair
evaluation. If in case, it entitled to use legal protection as having on the basis of false
commitment. On the basis of analysis, it has been identified that disable people
behaved as victim and committed against people with intellectual disabilities. For
example- people with disabilities may be victims of child abuse, fraud, and domestic
violence.
The specific victimization can be described in different forms such as
oppression, human trafficking, financial exploitation and violence. These are
considered the uncertain actions which may be represented as criminal activities.
Individuals with disability is subjected to show a specific routine denial of
opportunities in terms of legal issues. This can be happened due to the view of
stereotyped and competency of people who have not properly supported or
reviewed. Apart from that, it has focused on the discriminated concept against in the
sentencing, release. People with disability will be expressed the subject to
exploitation, abusing thing. It would be addressed the intellectual disability and
understand behaviour, helping individuals to create safe environment for
communities. When people with development of disability can relate to the criminal
justice system. It is difficult to organise essential resources for purpose of training,
supports, resources and technical assistance. Moreover, many people living with
critical situation who are going to enter into criminal justice system. Furthermore, it
encounter the unique problems but not affected non-disable people.
In the context of disability, it can be used sentencing act 2020 which applied
to understand the duties of people when they were considering more seriousness of
an offense, fair treatment with considering aggravating factor (Rotter and Compton,
2022). For example- it may arise a situation of offense, immediately after or before
doing something, identify the victim on the basis of hostility or membership of
religious or racial groups. The fundamental concept of hostility is not defined in terms
of legislation. But in some case, it can be used to consider ill-will, spite and
unfriendliness. By using criminal justice act 2003, people with disability must have
received the better protection whether as witnessed, victims. The protected by
legislation and policies that ensure their specific right to justice as well as fair
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treatment. In some situation, Individuals have focused on the concept of sentencing
and handle alternatives approach, provide the supports, accommodation to enter
alternatives (Rotter and Compton, 2022). When considering sentenced, people with
development of disability must be provided the better supports, education and
treatment. This can be possible through justice systems. For example- many people
have focused on well-trained probation and understand the specific demand of
people.
4

Mental health and criminal justice system
Mental health refers to the condition in terms of emotional, social well-being and
psychological manner. It is directly affecting the behaviour of people how they can
think, act and feel. Typically, it helps to identify how can easily handle level of stress,
and make a right choices. According to mental healthcare act 2017, it provide the
mental healthcare services for people those are suffering from mental illness,
protect, promote and fulfil all essential rights. It is delivered the mental healthcare
services to the individuals. Based on the evidence, it has been examined that 44% of
people in jail and 38% of those are prisons. It has been diagnosed with mental
illness. On the basis of estimation, 56% of state based prisoners, 45% of federal
based prisoners.
By using criminal justice system, it should be measured the certain kind of
mental illness or disorder (Comartin, Nelson and Kubiak, 2021). Afterward, it
ensured that fair rights of individuals with mental disorder. The primary use of
criminal laws is to understand particular mental disorder condition of individuals.
Further, it continued to be evolved. Mental health is kind of uniformed approach in
terms of developments such as psychology, forensic and neuroscience. It is unable
to build an integrated connection with quality of justice approach and analyse the
specific right in terms of mental health.
In order to create a particular bridge gap between criminal justice system and
developments of mental health condition. These are correlated to with each other. In
case, it should be established a strong integration with criminal justice system. It
would be required to follow a particular rights on the basis of approach. Afterwards, it
helps to maintain and control mental health, ensure the fulfilment of statutorily as
well as constitutionally.
The increasing number of people with mental health condition or issues. It
should be considered the criminal justice system in context of health, human costs
and fiscal. The physical risk or threat as become consider a potential price or cost in
terms of mental illness. It is likely occurred at the time of harassment. Some kind of
targeted violence and contribute a significant role in social exclusion. This type of
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approach is not only affecting the individual lives but it is also indicating the need for
people those are facing mental issues (Turney, 2022). On the other hand, many
people faced with criminal actions and react by uncertain approach themselves. As a
result, it should be considered the biggest mistake and impacts on the families,
individuals who are badly affected in current scenario. In order to measure the
mental health issues who experience and targeted violence, hostility. This kind of
situation can be developed due to lack of confidence in the context of criminal justice
system. In some cases, it has been analysed the lack of awareness related human
rights. That’s why, it is important to understand the complex situation or condition.
Nowadays, it has been diverting the people with having a mental illness and
continued to perform criminal activities. So, it would be considered the criminal
justice act 2003 to provide support the people who are suffering from mental
disorder. In the society, mental health care is an important aspect at every level in
order to give better supports as they need and to remove, eliminate unnecessary
actions. On the other hand, to reduce the level of involvement which required to
understand the specific need of individuals, promote the fairness through criminal
justice systems.
Based on the study, maximum diversion of individuals with serious mental
illness or disorder from criminal justice system. It is one of the important aspect to
minimise the financial, human prices and health of involvement or incarceration. This
kind of approach is usually creating a community based approach, engaging with
different services for those people who have already suffering from mental illness
(Courtenay, 2021). Therefore, it is essential aspect to understand mental health
conditions, de-escalation tools for critical situation or condition. As growing another
options related to the treatment that are available for social community. By using
criminal justice system, it have provided the equal right for adults to measure their
mental condition. Some kind of institutions are provided the facility of screening,
informed related to treatment & mental health. This can be possible from support of
experts or professionals. Nowadays, individuals have an equal right to refuse
treatment and eliminating unnecessary use of harmful practices. In additional, it has
been developed an effective treatment plan for people who wants to share their
ideas and work together and supports individual’s with mental disability.
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Individuals with mental health situation or condition can be represented as
unfair treatment, abuse at every phase with criminal justice system. By using
sentencing act 2020 section 66 and 67, it has been examined the lifestyle of people
those are suffering from criminal actions such as harassment, gender-based
discrimination. This kind of problem can be happened and also affecting the adults
people. At that time, it should be considered the different practices in terms of
criminal justice systems that can cause as serious problem. This type of issue is
faced by people with suffered from critical mental health condition. This is particularly
profound in the context of variations, use of specific death penalty for people with
seriousness in their mental conditions. In order to avoid any kind of potential risks or
threats, it can be developed a mental health courts through criminal justice system. It
provide the right direction to understand state and local affiliates which involved in
the development, implementation of procedures, policies.
Traditionally, a violence and hostility experienced by individual with having
mental health problems. Therefore, it can be used the criminal justice systems to
argue on the basis of human rights, equality and discrimination issues. These are
considered the most common issues which required to handle by criminal justice act
2003. Whenever it has recognised the disability hate crime work together and
implementing legislation on the basis of racism, religious hatred. Under section 146,
it imposed a duty on the criminal courts to improve the sentences for different
offence aggravated because of hostility (Courtenay, 2021). It can be applied against
criminal activities and supports victims, identity groups. Despite the development of
mental health issue which have been considered as low rates and directly report to
the police cope. This kind of situation will be handled or managed by experts, health
professionals those are developing more awareness among people regarding social
care. As per consider the concept of criminal justice system, it focuses on the mental
health disability and promoted as an appeal, supported by commission of human
rights.
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8

Race in the criminal justice system
The criminal justice system of the United Kingdom is collective body responsible for
administrating justice in UK, and consists of various institutions which are police, the
crown prosecution service, and the UK's prison system. Race is one of the most
essential parameter where UK criminal justice system is focusing on towards
productive equal work opportunity widely. There is further pace evolved to leverage
informative dynamic pace, based on significant extended wellness based on
providing best equal working opportunities for people. The UK criminal justice
system, is widely strengthened pace for optimum improved competent abilities based
on extensive growth. Criminal justice system, has specific correlation towards
providing best functional domains based on extended wellness criteria for improved
abilities (Meer, 2022).
Based on the equality act section 4, it states that race is a ‘protected
characteristics. While using this section, it has been categorised the protected
characteristics such as age, gender re-assessment, disability, race and religion or
beliefs. Equality act supports the person to perform an undergoing process while
protecting themselves.
According to statistics, it has been accounted for 40% of prison and identifying
the population in jail. In 2009, white’s people are estimated 34% and Hispanics or
race based 20%. It helps to differentiate the discrimination level among peoples.
Typically, It can be used the criminal legal system which is directly affecting the
people.
Race is one of the specific factor, which correlates crime receiving attention
towards criminal justice system, where public concern, exposure towards violent
behavior are some of the specific parameters. Race within criminal justice system
has specific importance, where it significantly correlates towards detailing opinions
among minority ethnic group members. It is based on effectiveness and fairness of
UK criminal justice system, where it provides overview of series of graph and rates of
ethnic minority crimes. The people from minority ethnic groups with different race are
given equal opportunities and corporate working goals, based on specific competent
justice system. Race factor holds essential importance, regarding individual
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perceptions of the criminal justice system and correlation towards usage of best
ethical practices. The qualitative studies done in minority ethnic communities within
England and wales experiences same confidence within criminal system. Addressing
criminal justice system have focused on eliminating racial discrimination,
summarizing identification of racist behavior. There have been various laws passed
under UK, where race factor is focused on for providing equal work opportunities for
people (Kelbert,2022).
Section 65 of legal aid, sentencing and punishments under criminal justice act
2003 is considered to be serious offence, where it is considered to be one of the
most informative accurate act. The criminal act against race, criminal damage has
specific correlation towards providing fair treatment to all people. It can be also
analyzed that UK legal law further gives equal protection to people of all races,
where act personifies best working scope. Section enables to further bring
innovative, benchmarks to functionally advance scope on ethical standards among
people based on extended wellness paradigms. Act has been adhering to leverage
rapid awareness about UK equality legal system correlated towards wellness, based
on providing best opportunities.
The act further forms authentic importance towards providing equal work
opportunities to people beyond race, where criminal justice system is strong (Abbas,
2022). Section forbids any discrimination done on basis of race, based on specific
concern aspect for improved efficiency paradigms diversely. Legally UK aims to
provide equal rights to people devoid of any race discrimination factors which
significantly strengthens importance towards competent development.
The race relations act 1968, was an act of parliament in UK makes it illegal to
refuse housing, employment and public services on grounds of color, race, ethnic
and national origins in UK. This further also focuses on providing equal work
opportunities to people on basis of their talents, work determinants and devoid of
race factor. The equality act 2010, says people must not be discriminated against
race which signifies that based on color, national origins and nationality people
should not be treated. The act provides legal framework to protect rights of
individuals, and advance equality for varied opportunities. Britain with discrimination
law protects individuals from unfair treatment and promotes fair and more equal
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society working standards Act has competently created awareness about equal work
opportunities, based on protecting individuals from various unfair treatments and
promoting fair working scenarios (Abbas, 2022).
The equality act 2010 also aims to focus on fact that people should not be
discriminated against race including color, nationality along with ethnic and national
origins as some of the most specific parameter. It exclusively focuses on fact that
equality act advances strengthened implementation of best laws, which are
correlated towards optimum vision and growth for proper functional growth. There is
also specific focus evolved towards pertaining fundamental importance towards
providing equal work opportunities devoid of any race discrimination, which
enhances pace. The equality act in 2010, further advances growth and consistent
development among working determinants based on fundamental equal opportunity
paradigms.
This also specifies importance on equality act implementation, where there
shall be no biasness based on race factor where discrimination further leads to legal
obligations. UK legal justice system is highly effective, to pertain competent focus on
extended wellness based on determined targets for extended optimum equal
opportunity being given. The UK justice system has promising functional pace to
provide best equal legal opportunities, devoid of any race discrimination which
enhances goodwill domains diversely.
There should be further practical competitive abilities extended towards
providing best equal opportunities to people, devoid of any discrimination factor. It
also primitively rises scope towards determined oneness, better working
opportunities and extended strengthened rise for scaling up growth factors. Britain
legal system is highly effective to pertain competitive growth factors, and best living
parameters on basis of proper legal system follow up. Equality act follows up space
to determine informative growth criteria, extended working synergies to diversely
grow equal opportunities among people diversely. It can be also analyzed that UK
criminal justice system is fundamentally strong, based on competent working
awareness for authentic engaged on wellness based on specific rapport for overall
wellness (Pereira, 2022).
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