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People with Disabilities – their
involvement in the Criminal
Justice System
 Is
there a link between
having a disability and
being involved in the
criminal justice system?
 Yes
 Is
it because criminality is
an inherent symptom of
any disability?
 No
However, what is known is that those with
disabilities, particularly mental disorders, are
over-represented within the criminal justice
system (Mayes, 2003), and rates of mental
health issues are at least three times higher
for those who enter the criminal justice
system prior to adulthood than those of the
general population (Hagell, 2002)
Individuals with ASDs are seven times more
likely to experience contact with the
criminal justice sector than the general
population (Debbaudt, 2004)p116
The Prevalence and Treatment of People with
Asperger’s Syndrome in the Criminal Justice
System - Browning and Caulfield 2011
[This paper]… “presents evidence from
Australia and overseas that demonstrates
that high proportions (some 50% in Australian
studies) of young offenders have a clinically
significant, but previously undetected, oral
language disorder.”
Youth (in)justice: Oral language competence in
early life and risk for engagement in antisocial
behaviour in adolescence
(Pamela Snow and Martine Powell 2012)
Studies show that at least 25% of prisoners in
the United States have ADHD. The recidivism
rate among all felons is high, and an estimated
two thirds are rearrested within about 3 years.
These statistics have important implications for
society at large.
ADHD and Crime: Considering the Connections
Joel L. Young, MD 2011

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Mental Health Problems
Cognitive Disabilities
Autism Spectrum Disorder
Language Disorder
ADHD
Is there a connection?
Commonality?
Several studies have shown crime and
education are inextricably tied together and
that factors like level of achievement in
school, student grade retention, school
attendance, and graduation rates are related
to criminal activity.
Putnins (1999) maintained there is a general
agreement in the research literature that
delinquency is associated with poor
educational achievement, particularly poor
literacy. The author stated that this
relationship has become so widely accepted
that there is a belief that literacy problems are
widespread among offenders and that literacy
deficits are a major cause of crime.
Crime Can be Prevented if Schools Teach
Juvenile Offenders to Read
James S. Vacca 2008
Several theories have emerged to explain the
overrepresentation of youth with disabilities in
correctional and detention facilities (Fink,1990;
Leone & Meisel, 1997). These include school
failure, susceptibility, differential treatment,
and metacognitive deficits.
The school failure theory (Osher, Woodruff, &
Sims, 2002; Post,1981) asserts that learning,
emotional/behavioral, and intellectual
disabilities lead either directly to school failure
or transactionally to school problems and
failure causing negative self-image, which in
turn leads to school dropout, suspension, and
delinquency.
Youth With Disabilities in Juvenile Corrections:
A National Survey
(Quinn, Rutherford, Leone, Osher, Poirer)
Disability
↘
Poor Education
↘
Crime


“Held Back” Report - Victorian Equal
Opportunity and Human Rights Commission
2012
“Programs for Students with Special Learning
Needs” Victorian Auditor General’s Office
2012


Department of Education and Early Childhood
Development (‘DEECD’) most common
respondent to discrimination complaints and
enquiries in the last five years (Disability
Discrimination Legal Service)
Education issues the most common
complaints made to disability advocacy
organisations (Disability Advocacy Victoria)

Attitude/Training/Resources
◦ Students with disabilities often require resources
that schools don’t have, and that DEECD does not
provide, so they are not welcome
◦ Students with disabilities often require expertise
that teachers don’t have, and that DEECD does not
provide, resulting in ongoing problems, so they are
not welcome

Guidance
◦ There is no requirement for teachers to use any
particular programs. DEECD policies and
procedures require “evidence-based interventions”
but teachers and principals do not know what these
are.
◦ The lack of guidance covers both academic
practices (e.g. which literacy and numeracy
remedial programs have an evidence base)and
disability practices(e.g. what are evidence-based
interventions for Autism Spectrum Disorder)

Autonomy
◦ Principals can run their school in any manner they
please.

Training
◦ There is no across the board training in:
 how to write Individual Education Plans;
 who to contact when faced with challenging
behaviours;
 how to run a Student Support Group
Restraint and seclusion commonly used in
Victorian schools to address challenging
behaviours, resulting in trauma and worsening
behaviours.
What are the findings (“Held Back” Report
2012)?
Educators and parents reported restraint and
seclusion of students-many educators reported that
they were inadequately trained to deal with the
situation.
There is no independent oversight or
monitoring of the use of seclusion and
restraint in Victorian schools. There is no
official data on how frequently these
practices occur in schools, why they are used
or their impacts.
Both the Victorian Equal Opportunity and
Human Rights Commission (2012) and the
Office of the Public Advocate (2013) have
recommended that the Department Of
Education hand over its regulation of restrictive
practices to the Office of the Senior
Practitioner.
Recommendation – refused.
‘What research does exist
indicates that, for the
majority of those patients
who have been secluded
or restrained, it was not
beneficial and in fact was
a noxious experience.’
‘The use of seclusion and restraint on persons
with mental health and/or addictive disorders
has resulted in deaths and serious physical
injury and psychological trauma.’
School is Not Supposed to Hurt: Investigative Report
on Abusive Restraint and
Seclusion in Schools
Psychological and psychiatric organizations
have come to realize that restraint and
seclusion are harmful to children. While some
psychological effects may be short-term,
such as fear and adrenaline rush, constant
physical confrontation may lead to long-term
effects such as post-traumatic stress
disorder.
Eliminating the Use of Restraint and Seclusion
Against Students with Disabilities
Nishimura, Christine Florick, (2011)
A study asking students to draw pictures of
their seclusion indicated that
they saw it as a form of
punishment. The pictures
showed students crying
and calling for help.
Disability
↘ Violence against the child
↘Mental Health Problems
↘
Crime
Yes
Numerous shortcomings have already been
identified by statutory authorities in relation to
the education of students with disabilities.
Recommendations have been made.
Adopt them.
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Their right
Jobs
Contributing members of the community
Economics [$]
Equality/non-discrimination
CRIME
↓
Your representative organisation
needs to lobby.
Speak to them.
Email: [email protected]
Website:
www.communitylaw.org.au
Ph: 03 9654 8644
Fax: 03 96397422
TTY: 03 9654 6817
© Copyright Disability Discrimination Legal
Service Inc (DDLS) 2006