Free Essay. Women in the Criminal Justice System

The second topic selected for this assignment is ‘Women with Intellectual disability and mental illness in the criminal justice system.’ The reason why this topic is important is that it is evident that there are women who have an intellectual disability and mental illness and have been unfairly handled in the criminal justice system. There are very few attempts that have been made to address the concern as to whether individuals who are convicted or even suspected of committing criminal offenses differ in any way from this other group of women who are considered to be mentally ill or intellectually impaired. Research by Winter et al. (1997), which compared a small group with a sample size of 21 for characteristics of women suspected to have intellectual disability revealed that only two had full-scale I.Q. scores. Strikingly, the suspected women were found to not only be psychosocially disadvantaged as per their backgrounds but also to have led a chaotic lifestyle (Robertson, 1981). The most common experiences included being homeless and being involved in the usage of non-prescribed drugs. It is important to note that there is a high possibility that very few individuals in this category were in contact with health and even social care services. This therefore indicates the need to address this topic in a wider and deeper sense to ensure that women with intellectual disabilities are no longer marginalized. There is also enough evidence from previous studies that indicate the susceptibility of the perpetration of sexual harassment for this category of women.

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Criterion of Topic Selection

This topic was selected because women with an intellectual disability (I.D.) are considered vulnerable and marginalized. Previous research indicates that there is a high relationship between criminal offending and intellectual disability hence propelling fear among the public and reinforcing the idea that social distance is necessary (Simpson & Hogg, 2001). One of the critical areas where there is need to address the issue of women with intellectual disability and mental illness in the criminal justice system is on criminal victimization even though there is a compelling argument that there are various deficits in cognitive capability potential and interpersonal functioning that increases the likelihood of women being exposed to dangerous situations. Lastly, the selection of this topic is based on the reality that women with intellectual disabilities are also likely to offend (Richardson et al., 1985). Although this idea is deeply pegged on tradition, it has attracted consistent attention for research over the years. Different studies have claimed that women with an intellectual disability appear to be overrepresented among the total number of people who go through the criminal justice system. The estimated rate of prevalence of women with an intellectual disability offending is between 2 percent and 10 percent, hence the need to research more on the topic. Notably, women who have an intellectual disability are usually exposed to high risks for offending and sexual victimization. Things are even worse when comorbid mental illness is at play since it aggravates the risk of victimization and also offending. Research on this topic is, therefore, crucial to access and explore the risks that come along with various mental disorders, intellectual disabilities, as well as other complexity-related indices. Criminal victimization can be traced from a deficiency in cognitive capability and interpersonal functioning. Studies also reveal that there exists a strong relationship between criminal offending and intellectual disability hence increasing fear among women and the general public at large. Importance of the Topic to the Criminal Justice System

This topic is essential to the criminal justice system and the citizens of the United States in that there is a likelihood of women with severe intellectual disabilities to be found within the criminal justice system. Studies related to the extent to which women with intellectual disabilities can be unfairly victimized reveal the need to address these issues. The findings in these studies reflect the high concern about the ability of this group of women to have the necessary knowledge or intention of doing a wrong thing which constitutes part of a crime and also their ability to participate in a trial (Wilson & Brewer, 1992). The available materials on research comparing this group with their counterparts in the general public who can be termed as sober and of sound mind suggest that individuals, in this case, women with antisocial and illegal behavior could overwhelm the justice system if the issues are not addressed uniquely and that is to mean with a certain level of leniency to these categories of women.

Issues and Policies Associated with the Topic

There are several topic issues, problems, and policies associated with the topic selected for this assignment. First, the studies conducted may not be a perfect representation of all women with intellectual disabilities who have been included in the reporting system. This might have caused an under or underestimation of the facts about the victimization that this group of women goes through (Murphy & Claire, 1991). Secondly, diagnosing mental disorders among women with an intellectual disability poses a significant challenge; hence in most cases, mental illness prevalence is estimated from the database on mental health hence the likelihood of bias. In addition to this, it is worth noting that in the United States, there lack clear policies of dealing with this group of women without raising eyebrows among the general public that the law is not being administered without impartiality.

Proposed Changes

My proposal to deal with this issue is that the frequency criterion in sampling and further research should take into account the number of restrictive interventions that women with an intellectual disability is a confounding factor to help understand the vulnerabilities and risks to crimes that this group. There should also be police contact and case ascertainment to achieve direct comparability as well as greater confidence in the direction and magnitude of associations reported among cases for the affected women (Nettelbeck & Wilson, 2002). Furthermore, the justice system should include psychiatrists who have a deeper understanding of the psychological behavior of these women during trials to ensure they are not discriminated against due to their underlying conditions.

The Rationale for the Changes Proposed

The changes I have proposed would be necessary for a better understanding of individuals in the care of the system. It is worth noting that women offenders with intellectual disabilities are less likely to get involved in programs that would allow appropriate planning for programs and services, probably due to the feeling that the programs and policies brought forth are not addressing their needs. In addition to this, women offenders with an intellectual disability usually display aggression, too much anger, uncontrollable and uncooperative behavior since they have communication difficulties. The inclusion of psychiatrist lawyers and judges in the justice system would be fundamental in ensuring that women with intellectual disabilities are reasonably treated as they undergo their trials in the justice system.

References

Murphy, G. H., & Clare I. H. (1991) M.I.E.T.S. II: Psychological assessment and treatment, outcome for clients, and services effectiveness. Mental Handicap Research 4, 180-206.

Nettelbeck, T., & Wilson, C. (2002). Personal vulnerability to the victimization of people with Richardson mental retardation. Trauma, Violence, & Abuse, 3(4), 289-306.

Richardson, S. A., Koller, H., & Katz, M. (1985). Relationship of upbringing to later behavior disturbance of mildly mentally retarded young people. American Journal of Mental Deficiency.

Robertson, G. (1981). The extent and pattern of crime amongst mentally handicapped offenders. Journal of the Institute of Mental Subnormality (APEX), 9(3), 100-103.

Simpson, M. K., & Hogg, J. (2001). Patterns of offending among people with intellectual disability: A systematic review. Part I: Methodology and prevalence data. Journal of Intellectual Disability Research, 45(5), 384-396.

Williams, J., Watson, G., Smith, H., Copperman, J., & Wood, D. (1993). Purchasing Effective Mental Health Services for Women: A Framework for Action; Guidance for Mental Health Purchasers and Providers. The University of Kent at Canterbury.

Wilson, C., & Brewer, N. (1992). The incidence of criminal victimization of individuals with an intellectual disability. Australian Psychologist, 27(2), 114-117.

Winter N., Holland A. J. & Collins S. (1997) Factors predisposing to suspected offending by adults with self-reported learning disabilities. Psychological Medication 27, 59955-607.