Disabling Criminal Justice

Disabling Criminal Justice
Author: Marie Tidball
Publisher: Bloomsbury Publishing
Total Pages: 453
Release: 2024-02-22
Genre: Law
ISBN: 1509956956

This book considers the governance of autistic defendants and offenders in the UK courts. Utilising the social model of disability, it considers the dominant strategies of governance, including 'vulnerability', which the author argues obscures the rights of disabled people in the criminal justice system. In doing so it sheds light on how this group should be governed. Drawing on rigorously-researched case studies of autistic adult defendants through the court process, the book brings together relevant legal and policy literature, criminological and criminal justice theory and disability studies to provide insight into the 'dividing practices' that affect the governance of disabled defendants' conduct. Using interviews with elites and practitioners, textual analysis, and court observation of eight autistic adult defendants through their court process, the book investigates why the status of autistic defendants as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making. It explores the impact of the 'collateral' effects and 'symbiotic harm' of the criminal justice process on family members who support these defendants through the criminal justice process.

Disabling Criminal Justice

Disabling Criminal Justice
Author: Marie Tidball
Publisher: Hart Publishing
Total Pages: 0
Release: 2024-03-07
Genre: Law
ISBN: 1509956948

This book considers the governance of defendants and offenders with autism in the UK courts. Utilising the social model of disability, it considers the dominant strategies of governance, including 'vulnerability', which the author argues obscure the rights of disabled people in the criminal justice system. In doing so it sheds light on how this group should be governed. Drawing on rigorously-researched case studies of autistic adult defendants through the court process, the book brings together relevant legal and policy literature, criminological and criminal justice theory and disability studies to provide insight into the 'dividing practices' that affect the governance of disabled defendants' conduct. Using interviews with elites and practitioners, textual analysis, and court observation of 8 adult defendants with autism through their court process, the book investigates why the status of autistic defendants as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making. It explores the impact of the 'collateral' effects and 'symbiotic harm' of the criminal justice process on family members who support these defendants through the criminal justice process.

Disability, Criminal Justice and Law

Disability, Criminal Justice and Law
Author: Linda Steele
Publisher: Routledge
Total Pages: 366
Release: 2020-04-29
Genre: Law
ISBN: 1351240315

Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law’s complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence. The book not only offers new ways to understand relationships between disability, criminal justice and law; it also proposes theoretical and practical strategies that contribute to the development of a wider re-imagining of a more progressive and just socio-legal order. The book will be of interest to scholars and students of disability law, criminal law, medical law, socio-legal studies, disability studies, social work and criminology. It will also be of interest to disability, prisoner and social justice activists.

Disability Incarcerated

Disability Incarcerated
Author: L. Ben-Moshe
Publisher: Springer
Total Pages: 304
Release: 2014-05-29
Genre: Social Science
ISBN: 1137388471

Disability Incarcerated gathers thirteen contributions from an impressive array of fields. Taken together, these essays assert that a complex understanding of disability is crucial to an understanding of incarceration, and that we must expand what has come to be called 'incarceration.' The chapters in this book examine a host of sites, such as prisons, institutions for people with developmental disabilities, psychiatric hospitals, treatment centers, special education, detention centers, and group homes; explore why various sites should be understood as incarceration; and discuss the causes and effects of these sites historically and currently. This volume includes a preface by Professor Angela Y. Davis and an afterword by Professor Robert McRuer.

Desistance from Crime

Desistance from Crime
Author: Michael Rocque
Publisher: Springer
Total Pages: 279
Release: 2017-04-25
Genre: Social Science
ISBN: 1137572345

This book represents a brief treatise on the theory and research behind the concept of desistance from crime. This ever-growing field has become increasingly relevant as questions of serious issues regarding sentencing, probation and the penal system continue to go unanswered. Rocque covers the history of research on desistance from crime and provides a discussion of research and theories on the topic before looking towards the future of the application of desistance to policy. The focus of the volume is to provide an overview of the practical and theoretical developments to better understand desistance. In addition, a multidisciplinary, integrative theoretical perspective is presented, ensuring that it will be of particular interest for students and scholars of criminology and the criminal justice system.