This report presents the findings of a scoping review to assess the current state of literature and policy related to individuals with physical, intellectual, and developmental disabilities who interact with the civil and criminal legal systems, with the goal of identifying priorities for future research related to these populations.

Intellectual, Developmental, and Physical Disabilities in U.S. Legal Settings

A Scoping Review

Stephanie Brooks Holliday, Andrew Scruggs, Allyson D. Gittens, Samantha Matthews, Catria Gadwah-Meaden, Rebecca L. Wolfe, Jack Kroger, Alina I. Palimaru

ResearchPublished Nov 30, 2023

Cover: Intellectual, Developmental, and Physical Disabilities in U.S. Legal Settings
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There is evidence that a significant proportion of individuals who come into contact with the legal system have a disability. In turn, individuals with disabilities may encounter a variety of issues once they are involved in the legal system. Research has the potential to play a critical role in better understanding the prevalence of disabilities in the legal system, the challenges that people with disabilities face when navigating the system, whether there are certain groups that are particularly vulnerable due to intersectional identities (e.g., race, ethnicity, gender), and the policies and programs that might effectively meet the needs of people with disabilities.

This report presents the findings of a scoping review assessing the current state of literature related to individuals with physical, intellectual, and developmental disabilities who interact with the legal system, with the goal of developing priorities for future research related to these populations. It can be read as a stand-alone report but can also be used in conjunction with two related publications, which (1) document findings from qualitative interviews with representatives from relevant professions and communities and (2) outline recommendations for future research focused on this population.

Key Findings

  • The authors identified 334 articles that met the inclusion criteria that were published from 2007 to 2023, including academic articles, law review articles, trade publications, and other reports (e.g., technical reports published by nonprofits).
  • The most common disabilities reported in the literature were intellectual disabilities (56 percent of articles), developmental disabilities (28 percent), and other cognitive disabilities (24 percent). Sensory and mobility-related disabilities were less common.
  • There was variability in how disability was defined and even in whether a definition was provided.
  • Articles varied with respect to the level of detail or analysis they provided for certain disabilities. Some presented an in-depth analysis of a single group in a single context; others reported on multiple groups at a lower level of detail.
  • Most of the literature (90 percent) focused just on the criminal legal system (rather than the civil legal system) — especially, issues related to capital sentencing and incarceration.
  • There was substantial variability in the degree to which articles explored issues related to disability. Some simply reported on the prevalence of disability across a variety of contexts or provided guidance to practitioners on potential accommodations. Others presented an in-depth legal analysis, and a small number evaluated a program for people with disabilities.
  • A subset of the literature included analysis related to race, ethnicity, gender, and age, with some articles highlighting the importance of applying an intersectional lens to this topic.

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Citation

RAND Style Manual
Holliday, Stephanie Brooks, Andrew Scruggs, Allyson D. Gittens, Samantha Matthews, Catria Gadwah-Meaden, Rebecca L. Wolfe, Jack Kroger, and Alina I. Palimaru, Intellectual, Developmental, and Physical Disabilities in U.S. Legal Settings: A Scoping Review, RAND Corporation, RR-A2880-1, 2023. As of October 6, 2024: https://www.rand.org/pubs/research_reports/RRA2880-1.html
Chicago Manual of Style
Holliday, Stephanie Brooks, Andrew Scruggs, Allyson D. Gittens, Samantha Matthews, Catria Gadwah-Meaden, Rebecca L. Wolfe, Jack Kroger, and Alina I. Palimaru, Intellectual, Developmental, and Physical Disabilities in U.S. Legal Settings: A Scoping Review. Santa Monica, CA: RAND Corporation, 2023. https://www.rand.org/pubs/research_reports/RRA2880-1.html.
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The research described in this report was sponsored by the Pew Charitable Trusts and was conducted in the Justice Policy Program within RAND Social and Economic Well-Being.

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