All adult suspects who are accused of a crime have their rights protected under the U. S. Constitution whether they have a disability or not. The majority of crimes can be linked to some form of psychological disorder. According to the article Psychotherapy and Counseling for Offenders, if more psychological treatment were provided to offenders, reduction of recidivism may be obtained.Psychological evaluation for suspected offenders may include the review of all evidence collected from the crime scene; a clinical interview that reviews the defendant’s psychosocial history that includes any of their past psychological treatment or their past criminal offenses is performed.
“Psychological testing to evaluate the presence of psychological disorders, psychopathy, or personality characteristics that may have mediated rational decision making or interfered with judgment or perception” (Guidance Associates of Pennsylvania, 2010, p. ), is also a part of the pre-sentencing psychological evaluation.Those who are accused of sexual offenses psychological evaluations are recommended for treatment recommendations to the court. Sexual assault crimes are committed by those who may have a wide array of psychological problems and it is important to identify the underlying disorder that may have contributed to a person committing a sexual offense. Mental retardation, psychotic disorders, personality disorders, and substance abuse may influence an individual‘s sexual behavior thus leading to their sexual offense. The Eighth Amendment prohibits excessive bail and cruel and unusual punishment. Law enforcement officers are to respect and protect human rights and dignity at all times.
Use of force is only used when absolutely necessary and only to the extent required for them to perform their duty no force beyond that may be used.Police officers are to ensure that offenders who are injured receive medical attention and that their families are properly notified. While under arrest or in the custody of law enforcement personnel a person has the right to be free from physical harm and evaluated for any psychological problems that should be addressed to ensure the person accused knows and understands their rights and those with disabilities have the appropriate provisions made.References: Guidance Associates of Pennsylvania: Forensic Services (2005). Retrieved from: http://www. guidancepa. com/forensics.
htm#psycheval. Rights of the Criminally Accused (2004). Retrieved from: http://www. moadvocacy. org/Manuals/LegalRights/RightsCriminallyAccused. pdf. Psychotherapy and Counseling for Offenders (1999).
Retrieved from: http://www. psychologyinfo. com/forensic/offender_counseling. html
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