Examining the Intersection of Disability, Mental Health, and Justice

This report examines the complex relationship between disability, mental health, and the criminal justice system. It explores the vulnerabilities of individuals with mental health disorders and disabilities within the legal framework, referencing legislation such as the Mental Health Act 1983, the Mental Capacity Act, the Disability Inclusion Act 2014, and the Equality Act 2010. The report highlights the increased likelihood of individuals with mental health illnesses being involved in criminal offenses and discusses the importance of providing adequate care, support, and protection to vulnerable individuals within the criminal justice system. It emphasizes the need for maintaining law and order while ensuring the rights and well-being of individuals with disabilities and mental health conditions, promoting community inclusion, and addressing potential exploitation or harm.

Disability Mental Health and
the Criminal Justice System

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
individual having mental health illness such as schizophrenia are generally able to
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, diminished capacity is indeed an essential consideration with respect to an
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

this, the legislation framework within mental health can specifically gives an effective legal
framework for addressing the critical problems like the community integration of 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
independence as well. furthermore, the United Nation has significantly stressed the
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).

BLOG 3: CRIMINAL JUSTICE SYSTEM.
Criminal justice system refers to the establishment of maintaining law and order. It
also enables to control crime. Various ways can 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 and public prosecutor 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, criminal justice 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. It has
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, police should provide safeguarding to vulnerable people who are not able to get
protection against any type of exploitation or harm. Here, vulnerability includes the

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 or vulnerability. 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 amplifier vulnerability institutionally 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 police have important 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 justice system that takes action and in the first instance which can inform
the justice and counter and other stages of the criminal justice system. Police produce one
reliable individual and provide better attention and protection to vulnerable people who act as
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 of vulnerable people against harm 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
create vulnerable people 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 of vulnerability within the local area.
Here, policing has the main role to fight and deal with the danger and risk which can have a
chance to create any type of misconduct within the society. Here, criminal justice system
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
violated for getting benefit by an individual. In this, police need to perform well and provide
proper protection and ensure about proper regulation of laws (O’Sullivan, 2018).

Here, vulnerability concerns with the psychological explanation which include
different type of psychological vulnerability 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
also includes have normal mental state like phobia, anxiety, mental disturbance and
toxication or withdrawal from alcohol or drug. Here, people with different aspect should be
protected to get better quality of life. Police should act effectively and criminal justice system
should perform well and enforce law and implement it effectively which can provide better
protection and safeguard to vulnerable people (Klein and Potter, 2018).
Some sociologist says that victimhood is a social construction. It can include the
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 any vulnerable people face any
type of harm or exploitation then they get some proper treatment of victimhood where
criminal justice system should ensure about providing proper justice with less time and
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).

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
symptoms of depression and anxiety among Chinese adolescents: 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
risk and consequences of intimate partner violence during the COVID-19
pandemic. American Journal of Criminal Justice, 45(4), pp.668-679.
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.
Klein, A. and Potter, G.R., 2018. The three betrayals of the medical cannabis growing
activist: From multiple victimhood to reconstruction, redemption and
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. and Schechter, L., 2003. Measuring vulnerability. The Economic
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
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Pascual‐Leone, A. and Bartres‐Faz, D., 2021. Human brain resilience: A call to
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Scully, J.L., 2014. Disability and vulnerability: On bodies, dependence, and
power. Vulnerability: New essays in ethics and feminist philosophy, pp.204-21.
Online:
Disability in the UK: Rights and Policy, 2018 [Online] Available through:
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