Improving the Criminal Justice System's Response to Victimization of Persons With Disabilities
Date
2016
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University of St. Thomas
Abstract
One of the truly sad realities of the world we live in is that some of the most vulnerable persons in our society, those living with developmental disabilities, are at a much higher risk of criminal victimization than are others. Yet we hear very little about this problem, and we have a long way to go to fully understand it and develop tools and ideas to effectively address it. The time has come for criminal justice professionals to work together to better understand the dynamics of this serious problem, to establish policies and practices aimed at preventing this abuse from occurring in the first place, and to more efficiently and effectively intervene to address it when it has occurred. This article will identify the scope of this problem; identify specific laws in Minnesota designed to protect vulnerable victims; explore ways to overcome this problem; discuss the need for extra support and sensitivity during the investigation, charging, pretrial, and trial process; and discuss the importance of the sentencing phase of such cases....To better advocate for victims with disabilities, and to ensure that justice is imposed on their abusers, criminal justice agencies and victim assistance programs should begin by implementing specialized procedures for handling these cases. This paper has discussed some of the ways to better include victims with disabilities in the criminal investigation, charging, pre-trial, trial, and sentencing process. (Author Text)
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Keywords
Legal Analysis, Training for Service Providers, Victim Advocates, Criminal Justice, Disabled, Developmentally Delayed, Impairment, Physical Disability, Cognitive Disability, Victims, Survivors, Barriers to Reporting, Barriers to Service, Vulnerable Populations, Disabilities, Investigators, Victim Assistance, Prosecutors, Judges, Courts, Law Enforcement, Accessibility, Social Support, Empowerment, Victim Input, Mistreatment, Abuse, Neglect
Citation
Backstrom, James. (2016). Improving the Criminal Justice System's Response to Victimization of Persons With Disabilities. University of St. Thomas Law Journal: 13 (1), 12 pgs.