Psychology, Intellectual Disability, and the Law

Frances Roberts, Behaviour Intervention Psychologist

“I mainly work with people who have milder intellectual disabilities
but whose challenging behaviour brings them into contact with police and the courts.”


Frances Roberts applies Psychology within a legal and criminal justice context as well as within the wider community. She finds ways to reduce the occurrence and impact of severe challenging / offending behaviour of some people who have intellectual disability. These people are disadvantaged and very vulnerable within the Criminal Justice System.

“On the World Wide Day in Science
, the highlight of my workday was meeting with the intern I am currently supervising and witnessing her growing enthusiasm for work with this client group. It is inspiring to be involved with such young people, to see their dedication to making a positive difference to the world, and to see a broadening of their perspective and potential as they comprehend the constraints that are handicapping others in the community. I love being part of this education.”

“In High School, I studied Physics and 3 Unit Chemistry. My Father always wanted his only daughter to pursue science. So I enrolled in Medicine, but in my first week, I followed my own preference and changed to Languages! I completed a Bachelor of Psychology, then a Diploma in Education and taught Language. Later, I completed a Masters in Special Education. My teaching focus gradually shifted from teaching foreign language to the privileged, to teaching concepts to those whose comprehension is limited by intellectual disability and social disadvantage.”

“In my work, I DEFINITELY incorporate the Science Skills I acquired in earlier studies.” (-and she does not wear a lab coat!)

“For instance, the scientific methodology is systematic. In the discipline of Psychology it provides a basis for the development, implementation and evaluation of treatment interventions. You cannot make wild claims -you have to test your theories. Science has enhanced my critical thinking skills and my research skills so that I automatically employ a scientific framework that fosters critical analysis and an evidence-based approach.

Specific scientific information
, such as Pharmacology, is employed confidently because of a science background and adds another dimension to the practice of Psychology. This is particularly important where clients are receiving powerful medications for their psychiatric or neurological problems. However, good communication skills must not be overlooked. These are sometimes undervalued within Science. You can make groundbreaking findings, but they will be useless if you cannot make others listen and understand.”

“Psychology is fascinating, challenging and exciting.”

Frances is an employee of the Department of Aging, Disability and Home Care. Frances and her team act as important consultants to the police, legal representatives and senior Departmental staff. She helps organise assessments and Court Reports to divert these people to services more suited to their level of function and support needs. She and her team play a valuable part in improving the welfare of people with an intellectual disability by contributing to university research and providing input to the development of social policies.

The mental health of the accused can be controversial. There is often intense community concern over the issue of responsibility for a crime where mental illness and / substance abuse is involved. Frances explains; “The reality is that, where these factors are involved, a gaol term alone does nothing to change the likelihood of re-offence, especially if the offender has an intellectual disability and is denied access to treatment groups because of this.”

The provision of specialist case co-ordination, professional advice and behaviour intervention programs by Frances and her team plays a vital role in helping offenders with intellectual disability to access supports to reduce their offending behaviour. Experts like Frances and her team strive to make community programs effective in combating recidivism (i.e., recurring crime) by providing offenders with behaviour and social skills.

Her work helps prevent people getting involved in crime in the first place by assessing risks and developing intervention programs before the challenging behaviour leads to police charges. As such, her work also helps alleviate the staggering COSTS of crime to Australia.

In 2003-04:

The total expenditure on criminal justice was nearly $7.2 BILLION!

Total criminal court expendi ture (less income) was $443 MILLION!

Overall $59, 203 was spent for every prisoner!

While $3,796 was spent for each offender sentenced to community corrections programs.

Figures from; http://www.aic.gov.au/publications/facts/2005/facts_and_figures_2005.pdf

NOTE: Statistics about offenders or victims with an intellectual disability are not kept by the police, courts, prisons or the New South Wales Bureau of Crime Statistics and Research often because they believe it is discriminating. However, a study suggested that people with an intellectual disability comprise at least 12-13% of the New South Wales prison population despite it being estimated that only approximately 2-3% of the New South Wales population has an intellectual disability


Written by Narelle Brito

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