CLC Conference 20101 Social Justice, Disability and the Criminal Justice System Associate Professor...

CLC Conference 2010 1

Social Justice, Disability and the Criminal Justice System

Associate Professor Eileen Baldry

Research Team: Eileen Baldry, Leanne Dowse, Melissa Clarence & Phillip Snoyman

ARC Linkage Grant

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Presentation Outline

• What is Social Justice?

• People with Disability in the CJS: MHD&CD

• Conclusions: implications of SJ & disability in cjs


Social Justice• Social justice (redistributive justice): moral imperative

and a social philosophy• All have right to a fair share of natural and social

resources• These ends should be pursued by those in positions of

societal, political and organisational responsibility. • SJ pays attention to, is in solidarity with most

disadvantaged and excluded.• How to achieve SJ? One large element is the

maintenance of socially just structures.


Social Justice• social injustice rooted in politico-economic

structures based on subjugation, discrimination, exploitation and privilege

• to achieve social justice these structures need to be constantly challenged favouring egalitarian & non-discriminatory structures and should eschew elitist, gendered, classist model of society.


HR & participatory citizenship• A Human Rights framework - helps provide

legal and structural requirements to meet social justice

• Participatory citizenship - helps ensure community strengths, empowerment & enfranchisement

• So, social justice-human rights-participation form a powerful paradigm to do SJ work

Equality• The Spirit Level by

Wilkinson & Pickett 2009

• Overwhelming evidence for the positive effects on all aspects of society of greater economic equality


Importance of Income Equality from Wilkinson & Pickett



Disabilities and SJ• Structural barriers (policies and practices that

favour those without disabilities or actively disadvantage or discourage those with disabilities) need to be removed,

• AND• Positive redistribution via structural supports

(policies and practices that provide equity and resources for those with disabilities) need to be present for SJ to be advanced.

SJ, Disability & the CJS

• How does this apply in the CJS?

• Evidence from the MHD&CD in the CJS study


The problem


The Mental State Of Women And Men In NSW Prisons

(adapted by McComish from Butler & Alnutt 2003)

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AOD iapp12 psychosis depression ipers anxiety(inclPTSD)

women men ABS

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MHD 2009 Survey

• Shows increasing levels over past 14 years of mental health disorders amongst prisoners, mainly mainly due to change in male MH disorders

• Source: 2009 NSW Inmate Health Survey: Key Findings Report p:17

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Cognitive disability in NSW CJS• DJJ 74% below av. range of intellectual

functioning (V 25% standardised sample)

• Small ID but larger BID over-representation in NSW prisons

• UK appears much higher: eg av IQ 84 (Hayes et al 2007)

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But …

• As the following study demonstrates, these figures are somewhat misleading

• The real story lies with the level of complex needs (multiple diagnosis with high disadvantage)


Pathways into, through, around, out of and back into

CJSEvidence of effects of inequitable life chances, policies, practices, opportunities and capabilities

MHDCD Study

• 2,731 persons drawn from the JH 2001 survey and from the Statewide disability database

• MH&CD diagnosis known

• Merged data from JH, Corrections, P&P, Police, JJ, Legal Aid, Courts, Housing, ADHC, (Community Services and Health still being drawn)


Child protection

• Data still being drawn but early indications are ~ 2/3rd of cohort known to CS


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Although prison population in general has low levels of education, diagnosed groups have even lower levels – see non-diagnosed group

Those with some form of CD

have the worst levels

of education.

MHDCD Study: Education

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20%

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100%

BID

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BID

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OD

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Study Group

Unknown

Never Attended School

Primary school only

Didnt Complete School - NoFurther Info

Left school with no qualification

School certificate

Technical or Trade qualification

HSC/VCE/Leaving Certificate

College certificate/Diploma

Degree/tertiary qualification


Very high rate of persons in prison with ID & borderline not receiving services from ADHC (improving over past 2 years)

Only 10/709 JJ CD group

were ADHC clients 79% of ADHC clients

imprisoned prior to

becoming a client

MHDCD Study: ADHC

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40%

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100%

ID Group Borderline Other

DADHC Client Not Client


V High level of housing assistance sought across the cohort

V high level of housing assistance given Problem appears to be in maintaining

tenancy: ½ due to frequent episodes in prison; also frequent behavioural issues, failing tenancies (likely to be arrears, debt).

Housing Assistance

Contact with Police & Legal Aid


• BID/ID/MH/AOD complex –significantly lower age 1st contact

• Legal Aid was afforded regularly to almost all of those with complex needs but did not appear to prevent regular incarceration

Section 32 (at any time)


• Only 618 matters ever dismissed under Sec 32 for this cohort of 2,731 persons

• 16% of MH/ID ever had matters dismissed under Sec 32; 10% of MH/BID; 6% ID only & BID only

• Sec 32 underused as means to manage offenders with MHD, CD & complex diagnoses in the community

Remands (adult only) & Court Finalised matters


Significantly higher number of remand episodes for complex needs but significantly lower length of stay each time than single or no diagnosis groups

Those with complex CD have the highest rates of court finalised matters

Custodial Episodes

Custodial Episodes By Gender

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MH_ID MH_BID MH_AOD ID_AOD BID_AOD ID BID MH PD/AOD NoDiagnosis

Study Group

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f Cus

todi

al Ep

isode

s

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Of C

usto

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Average Custodial Episodes Female Average Custodial Episodes MaleRate Custodial Episodes * Female Rate Custodial Episodes * Male


• Individuals with complex needs have significantly higher number of custodial orders than those without complex needs

Women have a higher rate of custodial episodes per year than men

Women with complex needs higher number and rate of custodial episodes than men

Indigenous women have highest number and rate


Significantly higher JJ contact for ID/BID/AOD ; complex needs sig more custodial episodes but sig lower average days in custody

MHDCD Study: DJJ

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MH_

ID**

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AOD

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PD/A

OD

No

MH/

ID

% DJJ Clients % DJJ Custody % Sentenced to Detention

Complex needs children earlier 1st police contact; but significantly more police contacts before detention

262626

Types of Offences

Theft and road traffic/motor vehicle regulatory offences most common offences (~20% of all groups)

Justice Offences next common at ~10% across all groups

‘Acts intended to cause injury’ common (approx. 10%) But CD complex groups more likely to commit public

order offences (approx. 10%). Very high rate of lower level offences – many

avoidable if community support / supported housing

DistrictCourtConference 6.4.10


Time in custody These 2 slides provide a picture of those with CD

complex needs having higher rates of episodes in custody but significantly shorter duration each time in custody

8.4 7.7 7.7 8.3 7.7 5.2 6.3 5.3 7.4 4.50

1

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vg

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OF

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on

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Year

Avg Custodial Episodes Rate Custodial Episodes Per Year

110 143 132 134 135 136 183 233 152 2640

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MH

_ID

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MH

_BID

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Day

s In

Cu

sto

dy

Avg Days Episode Avg Days Per Year

Indigenous persons in cohort


Indigenous persons have a significantly higher number and rate of convictions than non Indigenous persons

Indigenous women have significantly higher rates of convictions than non-Indigenous women and higher rates of remand episodes

Critical variable keeping Indigenous women cycling in an out appears to be their complex needs. But entrance into CJS in first place due to their Indigeneity & significantly higher disadvantage.

Critical variable keeping Indigenous women cycling in an out appears to be their complex needs. But entrance into CJS in first place due to their Indigeneity & significantly higher disadvantage.

Women in cohort


There is a significant difference in overall rate of convictions with females having a higher rate of conviction than males

Women have more custodial episodes but these are shorter in duration - greater rate of cycling in and out of prison for women with complex needs – high rate of remand

•75% of these women reliant on social housing•1/3rd of these women been through juvenile justice•Only 7% of those women with cognitive disability supported by Disability Service

Pathway for complex diagnosis offenders

• High JJ involvement (48%)• Indications are high Community Services involvement• Only 10 / 709 of JJ CD group were ADHC clients • Numerous school exclusions / truants - expelled• Early police contact• AOD• Homeless – Housing assistance but problems

maintaining tenancies• Recidivist/persistent offender/ high remand episodes• The CD complex groups are significantly higher on all

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A social Justice analysis indicates that those with MHD&CD in the CJS have experienced significant disadvantage throughout their lives and in their contact with government agencies and have had little in the way of opportunity to address the iterative disability impacts experienced by many since early childhood

Conclusions


Those with CD complex needs, and particularly Indigenous young persons and girls, start cycling around in a liminal marginalised community/criminal justice space at an early age

Such a space is not a socially just structure and does not afford access to social supports or to claim HR

MHDCD Study: Conclusions

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Strong early childhood, school education, disability services, non-criminal justice service, early adolescent mental health, lifelong social housing and disability aware legal service supports & improved incomes are all necessary for those families and communities with lower income levels to ensure socially just outcomes for persons with disability who are disadvantaged.

These approaches and supports are afforded to middle and upper class children with disability

Ways forward

CLC Conference 2010

CLC Conference 20101 Social Justice, Disability and the Criminal Justice System Associate Professor...

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