Intellectual disabilities and offending behaviour: the awareness and concerns of the police, district attorneys and judges
| Date | 30 May 2019 |
| DOI | https://doi.org/10.1108/JIDOB-04-2019-0007 |
| Published date | 30 May 2019 |
| Pages | 34-42 |
| Author | Erik Søndenaa,Terje Olsen,Patrick Stefan Kermit,Nina Christine Dahl,Robert Envik |
| Subject Matter | Health & social care,Learning & intellectual disabilities,Offending behaviour,Sociology,Sociology of crime & law,Deviant behaviour,Education,Special education/gifted education,Emotional/behavioural disorders |
Intellectual disabilities and offending
behaviour: the awareness and concerns
of the police, district attorneys and judges
Erik Søndenaa, Terje Olsen, Patrick Stefan Kermit, Nina Christine Dahl and Robert Envik
Abstract
Purpose –The purpose of this paper is to examine the awareness of intellectual disabilities (ID) amongst
professionals in the criminal justice system (CJS) and their knowledge of those persons, either as victims,
witnesses, suspects, accused or defendants.
Design/methodology/approach –A survey of the professionals in the CJS (n¼388), combined with a
series of focus group interviews with experienced professionals (n ¼20), was conducted.
Findings –One out of three respondents (police, district attorneys and judges) reported that they have
regular contact with suspects who have an ID. Differences in knowledge of ID amongst professionals in the
CJS can explain awareness and detection of persons with ID.
Research limitations/implications –Non-responders may represent professionals with no knowledge or
less interest in these issues.
Originality/value –Reflections on ID have not previously been studied in the Norwegian CJS. The findings
serve as a basis and status quo for further research.
Keywords Awareness, Intellectual disability, Police, Criminal justice system, Detection, Judges
Paper type Research paper
Professionals in the criminal justice system (CJS) report regular contact with suspects or alleged
offenders with intellectual disabilities (ID). They agree on the need to identify the ID in these
persons at an early stage in the criminal proceedings. However, the cases are occasionally dealt
with by the prosecutor after the disability has been identified. What makes this issue increasingly
relevant is that people with ID are more highly represented amongst sexual offenders, which is
the fastest growing category of offenders in the Norwegian CJS.
Introduction
A large body of research has been produced in the recent decades indicating that people with
disabilities may be at risk of offending (Bradley, 2009; Chan et al., 2004; Hayes, 2018; Lindsay
and Taylor, 2018; Segeren et al., 2018). Many of these persons also present with other
co-occurring conditions such as mental health issues, neurodevelopmental disorders or
acquired brain injury (Hellenbach et al., 2017; Lindsay and Taylor, 2005; Murphy et al., 2017;
O’Brien, 2002). The offending behaviours committed by these individuals are often serious and
may range from violence against others, damage against property, arson, murder and sexual
offending (Clare, 2003; Hellenbach et al., 2017; Jones, 2007; Søndenaa, Rasmussen and
Nøttestad, 2008). In addition, people with an ID who offend are often disadvantaged by a wide
range of physical, psychological and social factors, such as having experienced a long period of
institutionalisation, a history of being abused and neglected, disruptive familial history, belonging
to a minority group, social instability, loneliness, a history of alcohol or substance misuse, a
history of mental health problems or a loss of appropriate support services (Hayes, 2018;
Murphy and Mason, 2007; Rose et al., 2008; Søndenaa, Rasmussen, Palmstierna and
Nøttestad, 2008). The histories and profile of these individuals often add to the complexity of
Received 24 April 2019
Revised 21 June 2019
Accepted 28 June 2019
© Erik Søndenaa, Terje Olsen,
Patrick Stefan Kermit,
Nina Christine Dahl and Robert
Envik. Published by Emerald
Publishing Limited. This article is
published under the Creative
Commons Attribution (CC BY 4.0)
licence. Anyone may reproduce,
distribute, translate and create
derivative works of this article ( for
both commercial and non-
commercial purposes), subject to
full attribution to the original
publication and authors. The full
terms of this licence may be seen
at http://creativecommons.org/
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Erik Søndenaa is based at the
Faculty of Medicine, Institute of
Mental Health, Norwegian
University of Science and
Technology, Trondheim,
Norway and Forensic
Department, Brøset, Saint
Olavs Hospital University
Hospital in Trondheim,
Trondheim, Norway.
Terje Olsen is based at FAFO,
Oslo, Norway.
Patrick Stefan Kermit is based
at the Faculty of Medicine,
Institute of Mental Health,
Norwegian University of
Science and Technology,
Trondheim, Norway.
Nina Christine Dahl is based at
Municipality of Tromsø
Tromso, Norway.
Robert Envik is based at
Domstoladministrasjonen,
Trondheim, Norway.
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VOL. 10 NO. 2 2019, pp.34-42, Emerald Publishing Limited, ISSN 2050-8824 DOI 10.1108/JIDOB-04-2019-0007
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