Defendant Physical Disability and Sentencing in Criminal Cases

Research has consistently produced evidence of negative attitudes toward persons with both physical and psychiatric disabilities [1-5]. In general, attitudes toward persons with physical disabilities are more positive than attitudes toward persons with psychiatric disabilities [6-8]. Forensic research tends to focus on individuals with psychiatric disabilities as perpetrators of crime [9-10] and those with physical disabilities as victims of crime [11-13]. Gradually becoming noticed is the notion of fear of crime and of groups who show fear of victimization. One group that has been rarely studied comprises individuals who have physical disabilities. Research has suggested that having a physical disability is a significant predictor of reporting fear of crime [13] and crimes against individuals with disabilities are underreported and under enforced [11-12]. However, individuals with disabilities are overrepresented in the criminal justice system [14-17].