The interaction between mental illness, some personality disorders, psychological and developmental problems and sexual behaviour is a complex area. This chapter focuses on sexually problematic behaviour displayed by adult patients in mental health inpatient settings. It discusses prevalence, definitions and a potential role for the criminal justice system. A clinical case illustrates potential difficulties and solutions in assessment and management which should be multi-faceted.

Individuals with dementia may encounter the Criminal Justice System (CJS), including the police and courts, in different capacities: as victims, witnesses or perpetrators of crimes (related or not to the diagnosis). The Living Well with Dementia strategy makes the following statement: ‘People with dementia access all services and so need informed understanding and support from all the services they come into contact with, not only from specialist dementia services. Awareness and skills are therefore needed in all sections of the workforce and society (e.g. housing, emergency services, employers, utilities, public sector services, GP receptionists, criminal justice system staff), not just those involved with dementia care.’ WhilE we think it is important to highlight this policy initiative, this chapter does not analyse how it has been implemented within the CJS. We are limiting our discussion to the legal issues relating to four areas: crimes committed against people with dementia; crimes committed by people with dementia; dementia in secure settings; and discharge of restricted patients on conditions that amount to deprivation of liberty.

This chapter provides an overview of clinical practice pertaining to offenders with intellectual disability. It covers the ‘offending journey’ of people with intellectual disability whose behaviour reaches the threshold for criminal justice system involvem’nt. This includes being accused of a crime, interactions with the police, decisions regarding prosecution and the processes involved in court cases. Though much of this account is based on the law in England and Wales, the chapter also reviews key research in this area, examining the risk factors for offending, characteristics of this population, models of treatment and treatment outcomes.

This chapter gives an overview of research on offenders with fetal alcohol spectrum disorders (FASDs). We present a history of FASDs and assessment challenges, and describe the diagnostic process. Then we present the epidemiology of FASDs in young offenders: challenges with estimating the prevalence of FASDs; prevalence of FASDs in the criminal justice system; FASD prevalence in young offenders in comparison with other neurodevelopmental disorders; and the patterns, risk and protective factors of justice system encounters in young offenders with FASDs. We then focus on the relationship between FASDs and the criminal justice system in young offenders. We discuss the path to criminal justice encounters and the vulnerabilities of FASD-impacted individuals during investigative interviews. Finally, we discuss the ability to stand trials in young offenders with neurodevelopmental disorders with a focus on FASDs, the roles that evidence of FASDs plays in judicial proceedings, fitness to stand trial, FASD knowledge and awareness among criminal justice system professionals, and give recommendations for questioning individuals with neurodevelopmental disorders during judicial proceedings.

Using two composite case studies the following chapter outlines the intersection of legal and forensic pathways to justice for persons with developmental disabilities in Ontario, Canada. Their pathways include a number of junctures where decision making by different stakeholders across sectors is required pertaining to legal determinations of either criminal fitness to stand trial and culpability as well as the health care presence of a contributory mental illness or disorder. Despite having similar profiles, people with developmental disabilities can have vastly different access, processes, and outcomes depending upon a number of variables including legal factors such as the severity of the offence and offence history; and extralegal factors including support network, discretion of multiple decision makers, legal resources and jurisdiction. The pathways recognise the importance and need for ensuring equitable and therapeutic justice for such individuals.

Attention-deficit/hyperactivity disorder (ADHD) is associated with a range of adverse outcomes. One of many potential adverse trajectories for those with ADHD is involvement in criminal offending. Meta-analyses have reported increased prevalence rates of ADHD in youth and adult offender populations. The prevalence of comorbid disorders in offender populations is common, but this appears to be increased in those with ADHD, which in turn complicates diagnosis and treatment. This chapter outlines the prevalence of ADHD in offender populations and considers gender and cultural effects. The relationship between ADHD and criminal offending is discussed, including the onset and type of offending, recidivism, progress within institutional establishments, comorbidity and long-term consequences. theoretical frameworks for understanding the association between ADHD and criminal offending are also considered. The chapter also highlights the economic consequences of ADHD within offender populations and more broadly within society. We consider system barriers and practical strategies that may be implemented to identify and meet the needs of offenders with ADHD.

People with a wide range of mental health and neurodevelopmental conditions are found amongst criminal justice populations, and many present with co-occurring disorders. These may include other neurodevelopmental conditions, substance use disorders or physical health conditions. It is now standard practice to use a pathways approach to organise and deliver services, and journeys taken by many people within criminal justice systems lend themselves to this, at least in theory. Basic requirements of this approach include police custody and prison reception screening, providing organised multidisciplinary care and introducing appropriate interventions as part of individual care plans. There is much we still do not know about vulnerable people in prisons, and service provision remains far from optimal. In particular, insufficient specialist provision means that many people with neurodevelopmental conditions are not identified appropriately, and do not have their needs met as they should. Further, in the absence of support, the presentations of some people render them vulnerable to specific aspects of prison life.

As we will see in the chapters to come, there is wide variety among and across different American jurisdictions in the causes and motives of the march toward increased penal severity. Generalization is possible but requires separating the system into two components: the “criminal justice system” and the “criminal legal system.”

Stigma negatively shapes the lives of people who use substances through criminalization processes and criminal justice involvement. This chapter draws from the authors’ lived experiences to explore the harms created by stigma at the intersection of substance use and criminal justice. Stigma produces a social context contributing to high rates of criminal justice involvement among people who use substances through inequitable social conditions, criminalization of substances, and under-resourcing of substance use services. Substance use stigma is reinforced by harmful police practices, painful imprisonment experiences, and insufficient support offered to formerly incarcerated people living in the community. Approaches for reducing substance use stigma involve reforming drug policy to decriminalize substances, improving access to substance use treatment and harm reduction services, and involving people with lived and living experiences of substance use and criminal justice involvement in policymaking and service delivery.

The study of one type of error—the conviction of innocent people—has gained enormous importance, attracting increasing academic research and indeed giving birth to an activism geared towards obtaining the exoneration of innocent victims of unjust court convictions. One of the issues that has produced the greatest number of studies has been identifying factors that increase the probability that convictions of innocent people will occur. Among its results is the consensus that a group of "evidentiary practices" exists that may explain the errors. The present work sets out to describe, from the evidence available, the most problematic evidentiary practices in relation to the use of expert evidence. According to the empirical data available, this is one of the most relevant factors in the system’s production of wrong decisions. Based on a more refined diagnosis of which practices are most problematic in the use of this evidence, I hope to make it possible to gauge the system’s weaknesses. This will allow me to develop proposals and strategies for risk prevention and minimization. Diminishing and anticipating errors not only seems a realistic goal or a reasonable aspiration, but also an imperative for the system

No animal is immune from becoming a victim of human abuse and cruelty. Whether wild, or domestic, animals unfortunately often suffer at the hands of humans. This chapter explores how the criminal justice system, specifically within the confines of Colorado law, aims to hold animal abusers accountable and provides an overview of applicable statutory provisions and case examples. Written from one Colorado prosecutor’s perspective, this chapter asserts that the prosecution of animal cruelty offenders is essential for three primary reasons. First, the pursuit of criminal charges can be the impetus for the removal of the victim animal from the defendant-abuser’s custody (and thereby helps to safeguard the victim animal). Second, the levying of criminal charges sends a strong message to both the defendant-abuser and society as a whole that the proper and humane treatment of animals matters. Third, the imposition of a sentence upon conviction – whether punitive, rehabilitative, or a combination thereof – serves as an intervention and helps to ensure that the conduct is not repeated

This chapter analyses the operation of criminal procedure in contemporary China from the perspectives of institutional and individual interests. First, the chapter zooms in on the various performance indicators that affect the everyday operation of China’s criminal justice system, with a focus on the distorted use of such indicators. Second, it argues that the pathological use of performance indicators must be understood in the context of the power relations and interactions amongst the main players within the criminal justice system. Incentivising and controlling the individual actors can be thought of as managing an enterprise on the basis of individuals’ interest in pursuing promotion and better remuneration and agencies’ interest in obtaining power, prestige and legitimacy. Ingenious individuals and agencies soon develop techniques for disregarding, bypassing or manipulating performance-related factors to obtain the results they want. The downside of such an interest-driven management approach in the criminal justice arena is that it conflicts with the underlying mission of criminal justice agencies: to serve the interests of justice. Finally, the chapter analyses the current criminal justice practices, identifying the ideological and institutional factors that can explain the distortion and limits of reform.