Caught in the Web of the Criminal Justice System


Book Description

Increasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account. This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.




Autism Spectrum Disorder in the Criminal Justice System


Book Description

This book focuses on autism spectrum disorder (ASD) in the criminal justice system. Rather than being the perpetrators of offending behaviour, individuals with ASD are more likely to be the victims of crime. However, there is nevertheless a small subset of individuals with ASD who do offend, and this book provides an in-depth understanding of how certain features of ASD may provide the context of vulnerability to engaging in a number of types of offending behaviours. Chapters focus on arson or fire-setting; cybercrime (e.g., hacking); online sexual offending such as the viewing of indecent child imagery; offline sexual offending; violent crime; stalking; terroristic behaviour (including radicalisation and extremism); bestiality or zoophilia; and also extreme violence such as mass shooting and serial homicide. This book also outlines the ways in which a defendant with ASD may present in court and how they may exhibit behaviour which could be misinterpreted and perceived negatively, leading to an unfair trial. Lastly, it discusses the need to identify the impact that ASD can have on the capacity to form the requisite criminal intent and offers appropriate court adaptions to support individuals with ASD during court proceedings. This book is ideal for criminal defence lawyers and practitioners in psychology, psychiatry, and social work as well as policy makers and reformers.




Autism Spectrum Disorder, Developmental Disabilities, and the Criminal Justice System


Book Description

For autistic people who find themselves facing a criminal charge, understanding how the features of autism may have contributed to their behaviour can be vital context for their defence. In this insightful book, Nick Dubin explores how and why autistic people get caught up in the criminal justice system. He delves into what steps can be taken to prevent autistic people committing crimes and what should be done to ensure their fair and appropriate treatment if they are charged with a crime. It covers everything from prevention to the aftermath of sentencing, including available counselling and therapy. Nick's personal experience and meticulous research shows that criminal justice can be an oppressive system that misunderstands and stigmatizes autistic people, especially low-risk individuals and those with less criminal responsibility.




Redeeming Justice


Book Description

“A moving and beautifully crafted memoir.”—SCOTT TUROW “A daring act of justified defiance.”—SHAKA SENGHOR “Nothing less than heroic.”—JOHN GRISHAM He was seventeen when an all-white jury sentenced him to prison for a crime he didn’t commit. Now a pioneering lawyer, he recalls the journey that led to his exoneration—and inspired him to devote his life to fighting the many injustices in our legal system. Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison. But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier—and won. In this illuminating story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Redeeming Justice is an unforgettable firsthand account of the limits—and possibilities—of our country’s system of law.




Controlling Immigration Through Criminal Law


Book Description

This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.




Waiting for an Echo


Book Description

“A haunting and harrowing indictment . . . [a] significant achievement.” —The New York Times Book Review L.A. Times Book Prize Finalist * New York Times Book Review Paperback Row * Time Best New Books July 2020 Waiting for an Echo is a riveting, rarely seen glimpse into American jails and prisons. It is also a damning account of policies that have criminalized mental illness, shifting large numbers of people who belong in therapeutic settings into punitive ones. Dr. Christine Montross has spent her career treating the most severely ill psychiatric patients. This expertise—the mind in crisis—has enabled her to reckon with the human stories behind mass incarceration. A father attempting to weigh the impossible calculus of a plea bargain. A bright young woman whose life is derailed by addiction. Boys in a juvenile detention facility who, desperate for human connection, invent a way to communicate with one another from cell to cell. Overextended doctors and correctional officers who strive to provide care and security in environments riddled with danger. Our methods of incarceration take away not only freedom but also selfhood and soundness of mind. In a nation where 95 percent of all inmates are released from prison and return to our communities, this is a practice that punishes us all.




Working with Autistic People in the Criminal Justice and Forensic Mental Health Systems


Book Description

Working with Autistic People in the Criminal Justice and Forensic Mental Health Systems: A Handbook for Practitioners is the first book to focus specifically on best practice for working with autistic people in criminal justice and forensic mental health settings. Integrating current theory, research, and clinical practice, this book provides a practical guide for multidisciplinary practitioners working with autistic people who have offended, at all stages in their pathway, regardless of the nature of offending. The book draws together contributions from leading scholarly and clinical experts in the field of autism and forensic issues as well as the views of autistic people under the care of forensic services. Each chapter focuses on understanding the impact of autism throughout the criminal justice and forensic mental health system pathways, including how these systems are experienced by autistic people and their families and carers. Case studies and practical approaches are provided to demonstrate the application of best practice to working with autistic people in secure settings. This book appeals to a wide audience within the fields of psychology, psychiatry, nursing, occupational therapy, speech and language therapy, as well as criminal justice staff (e.g., prison and probation), and will be the first of its kind to amalgamate theory, research, and practice in the area of autism and offending.




Encyclopedia of Street Crime in America


Book Description

Anyone living or working in a city has feared or experienced street crime at one time or another; whether it be a mugging, purse snatching, or a more violent crime. In the U.S., street crime has recently hovered near historic lows; hence, the declaration of certain analysts that street life in America has never been safer. But is it really? Street crime has changed over past decades, especially with the advent of surveillance cameras in public places—the territory of the street criminal—but at the same time, criminals have found ways to adapt. This encyclopedic reference focuses primarily on urban lifestyle and its associated crimes, ranging from burglary to drug peddling to murder to new, more sophisticated forms of street crime and scams. This traditional A-to-Z reference has significant coverage of police and courts and other criminal justice sub-disciplines while also featuring thematic articles on the sociology of street crime. Features & Benefits: 175 signed entries within a single volume in print and electronic formats provide in-depth coverage to the topic of street crime in America. Cross-References and Suggestions for Further Readings guide readers to additional resources. Entries are supported by vivid photos and illustrations to better bring the material alive. A thematic Reader's Guide groups related entries by broad topic areas and, within the electronic version, combines with Cross-References and a detailed Index for convenient search-and-browse capabilities. A Chronology provides readers with a historical perspective of street crime in America. Appendices provide sources of data and statistics, annotated to highlight their relevance.




Federal Sentencing Revision


Book Description




Democracy and Deliberation


Book Description

Sex offender laws include residency restrictions, registration and notification requirements, and post-conviction civil commitment. These laws and regulations impose serious restrictions on the movements of convicted sex offenders. This is controversial because these laws and regulations occur after the sex offender has completed his time in prison. These laws and regulations are intended to have both a deterrent and therapeutic effect. Residency restrictions seek to prevent sex offenders from recommitting their crimes and civil commitment provides psychological services while incarcerated in a forensic facility. Most works on this subject are deeply critical of these laws. Cary Federman takes a more sympathetic approach to sex offender legislation. He focuses on the deliberative intentions of legislators, exploring the limits of judicial review and the rights of interested parties to influence lawmaking. Leaders of these interested parties are usually the parents of children who have been sexually violated and murdered. Critics of sex offender legislation tend to focus on the convicted parties, arguing that their rights have been violated. Democracy and Deliberation asserts that these laws are expressions of the deliberative intentions of lawmakers concerned about public safety—they are thus constitutional, if not always wise.