Abstract
This chapter examines the overrepresentation of individuals with disabilities in our criminal legal system in policing, the courts, corrections, reentry, and as victims of crime. Individuals who have disabilities face discrimination throughout every level of the criminal legal system. This is especially true at the intersection of race, class, and disability. The system rarely makes appropriate accommodations, which produces additional inequality. Furthermore, over time the protections of the Americans with Disabilities Act (ADA) have been eroded by the courts, thus exacerbating inequalities.
TopInequality, Disability, And The Criminal Legal System
In the United States, inequality is a problematic part of the criminal legal system. This system reproduces inequality in criminal victimization, policing, the courts, corrections, and in reentry (McCarthy, 2017; Rosenthal, 2019). Significant racial disparities exist at all levels of the system (Hetey & Eberhardt, 2018) and socioeconomic inequality also impacts those who are affected by the criminal legal system (Lofstrom & Raphael, 2016). This inequality is especially problematic for individuals with disabilities who are not only more likely to be overrepresented in the criminal legal system but are also likely to be negatively impacted by the system (McCarthy, 2017; Rosenthal, 2019). Understanding how disability and the criminal legal system intersect is an important first step to understanding how inequality is created and reproduced. The chapter is divided into sections on policing, the courts, corrections, reentry, and ends with a discussion of power and the reproduction of inequality. Each section analyzes case examples of how the criminal legal system has failed people with disabilities or how the system has failed to provide adequate accommodations.
Key Terms in this Chapter
Courts: Systems within the criminal legal system that have legal authority to resolve disputes. In criminal cases, the state acts as the plaintiff and is responsible for prosecuting violations of the law and sentencing offenders.
Criminal Legal System: The criminal legal or “justice” system are the systems of government and private agencies that deal with criminal law. These systems are typically comprised of policing, the courts, corrections, and all associated entities.
Corrections: Systems within the criminal legal system that are designed to supervise and punish individuals convicted of criminal offenses by the courts.
Reentry: In the criminal legal system, reentry refers to the transitionary period and process where offenders return to the community from prison or jail.
Americans with Disabilities Act: The American with Disabilities Act is a major piece of legislation that passed in the U.S. in 1990. This legislation prevents businesses and the government from discriminating against people based on disability.
Discrimination: Treating people differently or in a prejudicial or unjust manner based on what group, class, or category they belong to (e.g., based on race, gender, religion, age, disability, sexual orientation, or sexual identity).
Disability: Anything that impacts a person’s ability to perform life activities. Disabilities include physical and mental impairments and often impact individuals' lives in a variety of ways. Not all disabilities are visible or obvious.
Status Quo: This term refers to how things currently are, especially when considering social, political, and government affairs.