The criminal justice system is not a monolithic experience for every citizen. It is notorious for its prejudice systems built to purposefully overlook, mistreat, and ultimately destroy the fruitful longevity of many marginalized populations in society; one of these populations being people with disabilities. When it comes to the United States criminal justice system, people with disabilities are forgotten and left ill-equipped to support their longevity while in prison. The prison system in itself is not an easy place to reside nor does it leave much room for beneficial rehabilitation and fruitful self-growth, but as a person with a disability, the odds only worsen. Not only do they face immense fear, discrimination, but most notably, severe lack of resources and support. People with disabilities are also more likely to experience police brutality, wrongful conviction of a crime, and longer sentences than their able-bodied counterparts. Not to mention that if this individual is a person of color, member of an indigenous community or identified with the LGBTIA+ community, they are more likely to be targeted for a crime they did not commit and serve time based on discriminatory assumptions and false accusations. Once in the criminal justice system’s grasp, it is hard to escape and the road for a person with a disability only entails an uphill battle for fair and equal treatment.
Probably one of the most stressful encounters any person with a disability, especially if they’re a person of color, can have is with the police. Police officers stop, arrest, and murder people with disabilities at a disproportionate rate. According to the 2017 article, “Police, courts, jails, and prisons all fail disabled people” by Elliot Oberholtzer, due to “the “war on drugs” and other mass incarceration policies criminalize behaviors ultimately related to disability, such as substance use (which is often a method of self-medication for pain and other symptoms), homelessness (as of 2015, the Department of Housing and Urban Development estimated that 78% of people in shelters had a disability), and atypical reactions to social cues (which may be interpreted as “disorderly conduct”)” (Oberholtzer, Police escalate to deadly force). How an officer perceives its “subject” is extremely important in the dialogue or actions that follow suit. Common misinformation about people with disabilities can ultimately lead to a life or death situation if an officer feels “threatened” or like their life is in “danger”. How society views people with disabilities goes hand in hand with how we treat them and oftentimes, these negative or ignorant perspectives can lead to much greater consequences than we ever imagined. In the year 2015, police shot 124 people who were experiencing a mental health crisis and in which, the officers were called to help elevate that person by helping them get medical treatment (Oberholtzer, Police escalate to deadly force). While police may assume the role as first responders, it is evident they are not well-equipped to respond and react responsibly within a crisis. Not only is their behavior irrational and explosive towards adults with disabilities, but also children with disabilities.
Kayleb Moon-Robinson, Reginald Latson, and an unnamed homeless gentleman are some examples of the fatal consequences that present themselves when ableism, state criminal injustice and anti-Blackness strike. In the first case, an eleven year old Black boy with autism named Kayleb Robinson was convicted of three crimes, one of which was a felony charge. After a police officer witnessed him *stemming, which resulted in him kicking over a trash can, “Kayleb had barely started middle school when an officer posted at his school charged the boy with misdemeanor disorderly conduct after watching him kick a trash can during an emotional meltdown.
Just days later, the same officer pursued and grabbed Kayleb after he walked out of class, without permission, to join other kids who had already left the room. Kayleb yelled and struggled to break free, and the officer pushed the boy to the floor, handcuffing him and placing him under arrest” according to the article “Virginia drops felony charges against sixth-grade boy with autism”. This occurred in the state of Virginia and as a result of the officer’s false account, Kayleb faced potential time in juvenile detention and continued to return to court until the charges against him were finally dropped. Kayleb’s case is not an uncommon or unknown one and it clearly shows that police officers need more than a 2 hour training on “handling those with disabilities” and “encountering people of color”, the criminal justice system itself needs to be completely reformed and reconsidered.
One of the most memorable conversations I’ve had was with my American Sign Language (ASL) professor as we were discussing the Deaf Experience within criminal justice. Before our talk, even after weeks of taking his course and learning ASL, it hadn’t dawned on me that deaf people are everywhere, including the prison system and that they have specific struggles of their own. My professor explained to me that the prison system for deaf people or any person with a disability is a nightmare. Specifically for deaf people, communication is immensely important and an interpreter is a must for communicating with those who are unfamiliar with ASL or any other form of sign language they speak, but most times, there are no resources or accommodations provided for them. If it’s not the police, it’s the overall court system dismissing the rights of disabled people who are being convicted of a crime or want to report one. In addition, “The AVID Prison Project also reports that disabled people are often denied access to vocational and release planning programs while incarcerated, or placed in programs without accommodations for their disabilities. [For one man from Washington with a visual impairment]...his facility had placed him in a community college course without giving him the visual aids he needed to keep up with the class. Another person reported that they had asked for information on how to apply for Social Security benefits once released, and been denied because their counselor thought they should seek employment instead” (Oberholtzer, Inadequate re-entry support undermines opportunities). Accessible accommodations throughout one’s experience within the criminal justice system is important because it affects the trajectory of their trial (if their given one), their overall experience within prison/jail and how they progress outside of prison.
Once in prison, it is a completely different world for any one new to the system, but especially those with disabilities. In state and federal prisons, people with disabilities continue to represent disproportionate numbers. People in state and federal prisons are three times more likely to have at least one disability in comparison to the general population. However, these prisons fail to provide consistent and quality medical care to these persons. From medication to exercise equipment, specialized diets, prosthetics, wheelchairs, and other assistive technology, according to the The Amplifying Voices of Inmates with Disabilities (AVID) Prison Project, these accommodations are not deemed as “medically necessary”. This means that many of the prison’s populations do without and suffer as a result (Oberholtzer, Prisons abuse and isolate their disabled populations). In addition to little to no medical services, people with disabilities are also segregated and isolated from their peers, most times, as a form of punishment. Such harsh forms of “discipline” lead to suicide, self-harm and the worsening of a person’s mental health condition. The top cause of death in prison is suicide and over 90% of incracerted people require suicide watch. However, most jails do not offer mental health services and only 21% offer support after a person with mental illness is released. It is clear that prisons/ jails do not have the properly trained staff nor resources to adequately look after, care for nor support their disabled incarcerated population.
This unfair treatment of those within the criminal justice system is an aspect of injustice that defies the entire premise the criminal justice system stands upon. The discrimination and mistreatment that people with disabilities face throughout the court and prison system is inexcusable. When our system fails to protect, serve, and represent people with disabilities they show how little they care about the disability community. No one wants to be treated as less than or a second class citizen, but when power is unequally distributed and systematic barriers are set in place to ensure power continues to stay within certain people’s corner, it is difficult to fight for (disability) justice. However, with the foundation of knowledge, we can continue to fight for what’s right.
* Stimming is the self-stimulating behaviors, most commonly related to autism. Stimming usually involves repetitive movements or sounds used as a way to showcase their emotions or even work through them.