Abstract
It is well established internationally that there is a high prevalence of intellectual disability (ID) among people in police custody. Some people with ID may face particular challenges in negotiating the forensic formalities adopted by police at the pre-trial stage of the criminal process. These challenges need to be acknowledged and mitigated through appropriate procedural safeguards in order to, at once, preserve the fact-finding accuracy of criminal investigations and minimise the risk of securing a wrongful conviction. And yet, despite the formative role which pre-trial procedures exert over the trajectory of proceedings, little is known about the experiences of people with ID during their initial interaction with law enforcement officers. In an attempt to address this research lacuna, we reviewed six databases systematically to identify studies that explore such experiences. Seven studies with a total of 1199 participants were identified. Frequently, participants with ID describe challenges in police custody, experiencing particular difficulties in understanding and communicating information. They report a paucity of appropriate supports generally in this setting and an unmet need for the provision of procedural and emotional supports. Consistent implementation of legal safeguards is necessary, along with consistent availability of accessible practical measures to support people with ID within the criminal justice system.
Highlights
People with intellectual disabilities (ID) are over-represented in police custody (Murphy, 2019; Young, Goodwin, Sedgwick, & Gudjonsson, 2013) and in the prison system (Fazel, Xenitidis, & Powell, 2008; Gulati et al, 2018; Hellenbach, 2012)
We focus on the experiences of people with ID who are suspects, accused persons or subjects of interest at initial contact with Law Enforcement Officers (LEOs)
Reasons for exclusion included studies with no primary qualitative data from people with ID (n = 29) (e.g.; Rogers, Harrison, Rogstad, LaFortune, & Hazelwood, 2010; Sin, 2016; Watson et al, 2010; Watson, Ottati, Draine, & Morabito, 2011; Weiss, 2011; Weller, 2017; Young et al, 2013), data relating to mental illness or other mental disorder (n = 20)
Summary
People with intellectual disabilities (ID) are over-represented in police custody (Murphy, 2019; Young, Goodwin, Sedgwick, & Gudjonsson, 2013) and in the prison system (Fazel, Xenitidis, & Powell, 2008; Gulati et al, 2018; Hellenbach, 2012). There is evidence to suggest that such witnesses are more likely to obfuscate generic details about an alleged incident such as names, times and dates (Beail, 2002; Kebbell, Hatton, Johnson, & O'Kelly, 2001), that they will entertain a final option bias in response to closed-multiple choice questions (Heal & Sigelman, 1995), that their knowledge of the legal process is poor and that they struggle routinely to comprehend legal terminology (Ericson & Perlman, 2001) All of these factors conspire so that people with intellectual disabilities can feel isolated, uncertain and alone both before and after their interaction with the criminal justice system (Hyun, Hahn, & McConnell, 2014; Murphy et al, 2017)
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