Criminal Legal Systems and the Disability Community: An Overview

While the scale and scope of the criminal legal system is often discussed with attention to racial disproportionalities, the fact that disabled people are overrepresented at all points in the system is less discussed by social workers. Disabled people come into contact with the criminal legal system as suspects, defendants, incarcerated persons, victims, and witnesses. Compared to people without disabilities, disabled people are more likely to experience victimization, be arrested, be charged with a crime, and serve longer prison sentences once convicted. These trends are even more profound for disabled people with intersecting marginalized identities, such as people of color, women, poor people, and those who identify as LGBTQ. This article provides an overview of the connections between disability, law enforcement, and practices of imprisonment in the United States. We provide a historical overview of the involvement of disabled people in the criminal legal system, review the prevalence of disability in the criminal legal system, and then discuss the unique ways in which disabled people are impacted by the criminal legal system. We conclude by providing recommendations for social work practice and advocacy based in disability justice

Criminal Legal Systems and the Disability Community: An Overview

While the scale and scope of the criminal legal system is often discussed with attention to racial disproportionalities, the fact that disabled people are overrepresented at all points in the system is less discussed by social workers. Disabled people come into contact with the criminal legal system as suspects, defendants, incarcerated persons, victims, and witnesses. Compared to people without disabilities, disabled people are more likely to experience victimization, be arrested, be charged with a crime, and serve longer prison sentences once convicted. These trends are even more profound for disabled people with intersecting marginalized identities, such as people of color, women, poor people, and those who identify as LGBTQ. This article provides an overview of the connections between disability, law enforcement, and practices of imprisonment in the United States. We provide a historical overview of the involvement of disabled people in the criminal legal system, review the prevalence of disability in the criminal legal system, and then discuss the unique ways in which disabled people are impacted by the criminal legal system. We conclude by providing recommendations for social work practice and advocacy based in disability justice

Failed Mothers, Risky Children: Carceral Protectionism and the Social Work Gaze

Using critical discourse analysis, this study examines how high-impact journals in the field of social work discursively construct criminalized mothers and their children. Findings reveal a discourse that reflects and reproduces dominant and pervasive narratives of motherhood and childhood, constructing criminalized women as failed mothers and their children as a priori defective, at risk, and therefore vulnerable and in need of early intervention and protection. We argue that the discourse on criminalized mothers embedded in these journals capitalizes on affective constructions of both motherhood and childhood to engage in a form of carceral protectionism. Carceral protectionism helps make legible the deployment of both punitive and paternalistic responses to criminalized mothers and their children. We show how mothering, above all other factors, is framed as foundational to the life trajectories of children. In this way, the at-risk child comes into being through the construction of the unfit mother

Creating Academic-Community Partnerships to Jointly Enhance Advocacy and Research on Violence and Disability: Two Case Examples

Objective: This article describes the use of community-based participatory research (CBPR) to foster bidirectional and equitable academic-community partnerships in two studies related to interpersonal violence and disability. Method: We analyzed our methods and experiences in conducting these studies to focus on the ways in which CBPR methodology was used to jointly promote and enhance research and advocacy surrounding violence and disability in the research processes themselves and the resulting assessment and intervention products. Results: Our use of CBPR methodology allowed us to identify and address critical issues related to violence in the disability community, such as disability-related forms and experiences of violence, concerns and barriers linked to mandated reporting laws, and inaccessible measures and interventions, and to address them in research products. Additionally, our bidirectional academic-community partnerships led us to address overall accessibility of the research process itself as a means by which to amplify advocate voices in science. Conclusions: Full, meaningful, and equitable participation of people with disabilities at every stage of the research process allows for the creation of partnerships that jointly advance research and advocacy around violence and disability

Creating Accessible Survey Instruments for Use with Autistic Adults and People with Intellectual Disability: Lessons Learned and Recommendations

Despite growing appreciation of the need for research on autism in adulthood, few survey instruments have been validated for use with autistic adults. We conducted an institutional ethnography of two related partnerships that used participatory approaches to conduct research in collaboration with autistic people and people with intellectual disability. In this article, we focus on lessons learned from adapting survey instruments for use in six separate studies. Community partners identified several common problems that made original instruments inaccessible. Examples included: (1) the use of difficult vocabulary, confusing terms, or figures of speech; (2) complex sentence structure, confusing grammar, or incomplete phrases; (3) imprecise response options; (4) variation in item response based on different contexts; (5) anxiety related to not being able to answer with full accuracy; (6) lack of items to fully capture the autism-specific aspects of a construct; and (7) ableist language or concepts. Common adaptations included: (1) adding prefaces to increase precision or explain context; (2) modifying items to simplify sentence structure; (3) substituting difficult vocabulary words, confusing terms, or figures of speech with more straightforward terms; (4) adding hotlinks that define problematic terms or offer examples or clarifications; (5) adding graphics to increase clarity of response options; and (6) adding new items related to autism-specific aspects of the construct. We caution against using instruments developed for other populations unless instruments are carefully tested with autistic adults, and we describe one possible approach to ensure that instruments are accessible to a wide range of autistic participants

The Role of Gender in Violence Experienced by Adults With Developmental Disabilities

Violence against people with developmental disabilities is a highly prevalent yet understudied phenomenon. In particular, there is a paucity of literature surrounding the role of gender and the experiences of men. Using a cross-sectional study design, we surveyed 350 people with diverse developmental disabilities about experiences of abuse, perpetrators of abuse, and their physical and mental health status. These data were analyzed to determine whether gender influenced these domains. Statistical methods included chi-square, independent t tests, logistic regression, and hierarchical multiple regressions. Male and female participants reported abuse at high rates, with 61.9% of men and 58.2% of women reporting abuse as children and 63.7% of men and 68.2% of women reporting abuse as adults. More women than men reported adult sexual abuse, but there was no gender difference in the prevalence of any other form of abuse. Women were more likely than men to identify an intimate partner as their abuser, although intimate partners represented the minority of abusers for both men and women. Violence was associated with worse health status regardless of participant gender. These findings confirm that violence is an important issue for both men and women with developmental disabilities. Although some expected gender differences arose, such as higher rates of adult sexual abuse and intimate partner violence against women, these differences were less pronounced than they are in the general population, and the overall picture of abuse was one of gender similarities rather than differences