Transcript PARTNERS IN JUSTICE

Partners in Justice
Training for Community Corrections Officers
on People with intellectual Disabilities
This project is supported by The Arc of North Carolina and the
NC Council on Developmental Disabilities and the funds it receives through P.L. 106402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.
Who are we talking about?
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Partners in Justice focuses on
individuals with intellectual
disabilities. Intellectual disabilities
include mental retardation,
acquired brain injuries (stroke),
traumatic brain injuries, and
Autism.
Scope of the Problem

How many people with mental
retardation are in the criminal justice
system?
 1990 Census estimates 6.2--7.5 million
people in the US have mental retardation.
Studies suggest between 2 and 10 percent
of the prison population has mental
retardation.
Scope of the Problem

Do people with mental retardation
commit crimes more often than
people without this disability?
 Studies since 1950 suggest there is
no significant link between mental
retardation and criminal behavior.
Scope of the Problem
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What disadvantages do people with
mental retardation face in the criminal
justice system?
They:
1) do not want their disability to be
recognized so they try to hide it.
2) may not understand their rights, but
they will pretend they do.
3) may not understand commands.
4) may be overwhelmed by police
presence.
Scope of the Problem
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May say what they think the officer wants to
hear.
May not understand why they are being detained
and try to run away; or become upset and
combative.
May have difficulty describing details, actions
or facts.
Are often the last one to leave the scene of the
crime and the first one to be caught.
May be confused about their part in the crime
and confess even though innocent.
Scope of the Problem
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People with mental retardation are
more likely to be arrested, convicted,
sentenced to prison, and victimized in
prison (Santamour, 1986).
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Once in the criminal justice system,
these individuals tend to serve longer
sentences due to an inability to
understand or adapt to prison rules.
Scope of the Problem
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Do people with mental retardation
become victims of crime more often
than those without a disability?
 Research finds that people with
disabilities are at least twice as likely as
others to be victimized.
Scope of the Problem
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Victims with disabilities may not report
crimes against themselves because
they are dependent on the abuser as a
caregiver.
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Law enforcement officers and court
officials may not see a person with a
disability as a reliable witness and may
be reluctant to investigate and
prosecute.
Why is this important to me?
These people are already a part of
my caseload.
 They are generally not successful
on probation.
 They take more time to manage
than average cases.
 Having this information will help
me work smarter, not harder!
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Mental Retardation vs. Mental Illness
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Mental Retardation results in
abnormal thought processing –
not abnormal thought.
The traits or characteristics often
seen in persons with mental
retardation are not like symptoms
seen in persons with mental
illness.
What’s the difference?
Mental Retardation
Mental Illness
A permanent
condition
A disease/sickness
which may be
temporary, last
years, or cycle
What’s the difference?
Mental Retardation
Mental Illness
Low IQ
Low OR High IQ
Before age 18
Occurs at any age
Responds to
training/education
Responds to
therapy/treatment
What are some traits I might see?
 May
not communicate at age level:
 Limited vocabulary
 Difficulty understanding/answering
questions
 Mimics answers/responses
 Unable to communicate events
clearly in his/her own words
 Unable to understand complicated
instructions or abstract concepts
What are some traits I might see?

May not understand
consequences of situations
 Unaware of seriousness of
situations
 Easily led or persuaded by others
 Naïve eagerness to confess or
please authority figures
What are some traits I might see?
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May not behave appropriately:
 Unaware of social norms and
appropriate social behavior
 Acts younger than actual age, may
display childlike behavior
 Displays low frustration tolerance
and/or poor impulse control
 May “act out”, become emotional, or
try to leave if under pressure
What are some traits I might see?
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May have difficulty performing
tasks
 Inability to read or write
 Inability to tell time
 Difficulty staying focused and easily
distracted
 Awkward/poor motor coordination
Common Reactions
What are some common
reactions one might
expect to see when a
person with a disability is
under stress?
Common Stress Related Reactions
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Difficulty recalling facts/details
Impulsive actions (try to run, fight, etc.)
Over-willing to confess
Hides disability
Says what others want to hear
Frustration
How to Recognize a Person with Autism
Spectrum Disorder
 May not make eye contact. Don't
misinterpret limited eye contact as
deceit.
 May not talk (nonverbal).
 May communicate with sign
language, picture cards or gestures.
Autism Spectrum Disorder Continued
Autism Spectrum Disorder continued
May have trouble understanding
what YOU say. Give direct, short
instructions such as “Stand up
now”, not literal expressions
such as “Spread eagle.”
May have a delayed response to
your question.
Autism Spectrum Disorder Continued
May
not read your facial expression or body
language.
May
invade your personal space
unknowingly. Avoid touching person unless
necessary to keep person from injuring
himself/herself or you.
If
restraint is required, don’t place on
stomach or hold from behind with their arms
crossed in front of them because
underdeveloped chest muscles may cause
breathing difficulties.
Autism Spectrum Disorder Continued
Many
persons with Autism have
seizures.
Many persons with Autism show
odd behaviors such as flapping
hands or pacing. Don’t try to stop
these behaviors which may be the
person’s way of calming him/her
self.
UNDERSTANDING BRAIN INJURY
Acquired Brain Injury (ABI) is NOT caused by
congenital or degenerative disorders nor
birth trauma, but by external forces or
internal events that impair physical,
neurological, psychological, intellectual,
emotional, and behavioral functioning.
Traumatic Brain Injury (TBI) is a subset of
Acquired Brain Injury referring only to
injuries caused by external blunt force
trauma.
UNDERSTANDING BRAIN INJURY
Examples of blunt trauma include falls, being
struck by a heavy object, etc. Penetrating
trauma includes gunshot or knife wounds to
the head. Acceleration/deceleration forces
includes Shaken Baby Syndrome and
damage to the brain inside the skull during
sudden impact events such as car crashes.
Consequences vary according to the severity
and location in the brain of the injury, but
may include: memory loss, difficulty
processing information, anxiety or
depression, fatigue, sensory impairments,
loss of physical function, disturbance in
behavioral functioning, etc.
Understanding Brain Injury Continued
Changes following a brain injury can affect
how the person experiences life, interprets
events and responds behaviorally.
If the person:
 has trouble processing or remembering
information, he may not follow instructions
and may be perceived as belligerent or
unmotivated.
 experiences headaches and fatigue, his
level of frustration tolerance may be low
causing him to act out in anger.
Understanding Brain Injury Continued
If the person
 has difficulty perceiving how his
behavior affects others, important
relationships can become strained.
 has difficulty with impulsivity, he may
do or say things that are not always
socially appropriate (e.g. sexual
acting out).
 experiences emotional volatility, he
may have outbursts of anger,
aggression, or crying.
Helpful Hints
Communication
Is The KEY!
Communication Hints
Speak
directly to the person. Make
eye contact before you speak and
say his/her name often.
Keep sentences short.
Use simple language. Speak slowly
and clearly
Break complicated instructions or
information into smaller parts.
Communication is the Key
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Be patient and take time giving or asking
for information
Treat adults as adults regardless of their
disability
If you are unsure if the person really
understands what you are saying, ask
him/her to repeat it in his/her own words.
If the person does not seem to
understand what you are asking, ask the
question in another way.
IN CONCLUSION…
In Conclusion
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Remember, you are not expected to be an
expert on intellectual disabilities. There
are experts who can help you when you
have questions:
 The Arc of North Carolina (and local chapters)
 The Area Mental Health Agency
 The State Division of Mental Health,
Developmental Disabilities and Substance Abuse
Services, Justice Innovations Team
 Governor’s Advocacy Council for Persons with
Disabilities
Acknowledgements
This presentation was developed especially for North Carolina by
Partners in Justice, a statewide collaborative effort designed to assist
individuals with cognitive disabilities who are at risk of becoming
involved in the criminal justice system. The North Carolina Council on
Developmental Disabilities provided grant funding to The Arc of North
Carolina to support the project. Many different, excellent training
materials were researched and adapted with special consideration for
the specific needs of the citizens of North Carolina.
Special thanks goes to the members of the PIJ Advisory Committee;
George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri
Houchins, Project Coordinator, Justice Now! Of the People, By the
People, and For the People; and, Ms. Diane Nelson Bryen and Ms.
Beverly Frantz, National Academy for Equal Justice, for People with
Developmental Disabilities, Institute on Disabilities at Temple University.
Partners in Justice dedicates this presentation to the memory
of Deborah Greenblatt, Esq., a tireless advocate for people
with disabilities and charter member of the Partners in
Justice Advisory Committee.
Partners In Justice
Partners in Justice
A Project of The Arc of North
Carolina
4200 Six Forks Road, Suite 100
Raleigh, NC 27609
919-782-4632
Project Staff:
Marian Hartman
Ann Elmore
This project is supported by The Arc of North Carolina and the
NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402,
the Developmental Disabilities Assistance and Bill of Rights Act of 2000.