Partners In Justice
Training for Law Enforcement 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?
 Partners
in Justice focuses on
individuals with intellectual disabilities.
 Intellectual
disabilities include mental
retardation, acquired brain injuries
(stroke), traumatic brain injuries, and
Autism.
Challenges Faced by Police
 Daily,
our criminal justice system
addresses the challenge of balancing
individual rights and public safety.
 Faced
with difficult decisions on short
notice, law enforcement officers rely on
tried and tested protocols, their own
common sense, and a system of beliefs
about human nature and behavior.
Challenges continued
 When
people with intellectual
disabilities such as mental retardation
and autism interact with law
enforcement, elements of their
disabilities brush against these
protocols and beliefs and may result in
serious misunderstanding – or even
tragedy.
 The goals of public safety and fairness
can both be compromised.
Why this training?
 The
goal of this training is to improve
communication between criminal justice
professionals and people with
intellectual disabilities whether they
encounter the system as victims,
witnesses, or alleged perpetrators.
 Law enforcement professionals and
society can benefit from this
information.
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

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.
Disadvantages (Continued)

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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

People with mental retardation are more
likely to be arrested, convicted, sentenced
to prison, and victimized in prison.
(Santamour, 1986)

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

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

Victims with disabilities may not report
crimes against themselves because
they are dependent on the abuser as a
caregiver.

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?

Approximately 1-3% of the general
population has mental retardation, but it
is much more prevalent among
individuals who come into contact with
law enforcement.

If a law enforcement officer does not
identify a person’s disability during an
investigation, it may affect the outcome of
the case and/or damage his/her career.
Why is this important?
 The
Americans with Disabilities Act requires
that police provide “reasonable
accommodations” to people with intellectual
disabilities.
 If
a law enforcement officer does not recognize
and accommodate a person’s disability,
miscommunication could lead to a violent
confrontation.
 Having
this information will help the officer
work smarter, not harder!
Mental Retardation vs. Mental Illness


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
Traits (continued)

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
Traits (continued)

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
Traits (continued)

May have difficulty performing tasks
 Inability to read or write
 Inability to tell time
 Difficulty staying focused and easily
distracted
 Awkward/poor motor coordination
What are some common
reactions one might
expect to see when a
person with an intellectual
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 Spectrum
Disorders 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 Tips
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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 Tips (continued)
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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

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 local mental health agencies
 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.
For further information, contact:
Partners in Justice
The Arc of North Carolina
4200 Six Forks Road, Suite 100
Raleigh, NC 27609
1-800-662-8706
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.