Interviewing Persons with Disabilities or Mental Illness Chapter 9 9-1

Profile of the Impaired Population Approximately 54 million Americans live with a wide variety of physical, cognitive, and emotional disabilities One out of every ten police calls nationally involves someone who is mentally ill

Victimization of the Impaired Population Impaired adults are at a higher risk for being physically or sexually assaulted Children with disabilities are also victimized more frequently than those without disability

The Americans with Disabilities Act (ADA) It prohibits state and local governments from discriminating against any qualified person with a disability An individual who, with or without reasonable modifications to rules, policies, or practices … meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

ADA is a Legislative Mandate The Americans with Disabilities Act is a legislative mandate to provide equal protections and access of government facilities for persons who have a disability. It affects everything that officers and deputies do Receiving citizen complaints Interrogating and interviewing Arresting, booking, and holding suspects Enforcing laws Incarceration

Interviewing Accommodations ADA requires that government officials attempt effective communication with individuals having disabilities, but they are not required to alter the nature of the service Examples include: An interpreter The use of an auxiliary aid such as note takers, transcript services, audio recordings, or large print materials

Examples of Auxiliary Aids Note takers Transcript services Videotext displays Closed caption decoders Telephones compatible with hearing aids

Police Liability Under ADA Sporadic claims against police departments for failure to train officers on handling persons with disabilities have surfaced in Federal Court Police are expected to recognize a situation where a person has a disability

Wrongful-Arrest Claims Jackson v. Town of Sanford (1994): A man was arrested for drunk driving but was sober. His unsteadiness and slurred speech resulted from a past stroke Lewis v. Truitt (1997): A deaf man, who could not understand the commands of the police, was beaten and arrested by police for resisting arrest Gohier v. Enright (1999): Arrest is being broadly interpreted to include arrests, violent confrontations not technically involving an arrest, and pre-arrest investigations

Techniques to Avoid Wrongful Arrest Noticing if there is a handicapped license plate on the car Communicating to people in a crowd to signal that a person stop running Speaking clearly Using breathalyzers

Initial Considerations Self-confrontation! Negative attitudes may be the largest impediment to successful interviewing Speak directly to the person being interviewed, even if they are accompanied by another person Their condition should not cause repulsion, sympathy, or admiration

Disability May Be Defined Through a Variety of Cognitive and Communication Disabilities

Identifying When Special Care is Needed Communication problems can result in misleading statements or inappropriate reactions because of misunderstanding of events Excessive apprehension or anxiety may be evident May be incoherent not due to drug or alcohol

Mental Retardation — a Developmental Disability Persons with mental retardation possess less than average ability to process information 2 percent to 10 percent of the prison population Some may not be able to understand or answer questions (Davis, 2000). ARC

Persons with Mental Retardation Will exhibit a mood level that is inconsistent with the situation Have a short attention span Have a limited vocabulary May have a speech impediment Have unusual behavior traits or agitation accompanied by physical activity may also present itself Verbal and nonverbal behaviors may include yelling, biting, hugging, rubbing of genital areas, or breasts

Autism Frequently occurs along with other mental impairments, such as mental retardation, seizure disorders, and attention deficit-hyperactivity disorder Characterized by impaired social relations and communication deficits which may lead to behavior prohibited by law They may become aggressive if interrupted during a preferred activity Mayers, T. 2003. Persons with Autism and Criminal Justice: Core Concepts and Leading Cases. Journal of Positive Behavior Interventions.

Mental Illness Defined Mental illness is a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (e.g., a painful symptom) or disability (i.e., impairment in one or more important areas of functioning) or with a significant increased risk of suffering death, pain, disability, or an important loss of freedom

Mental Illness vs. Mental Retardation Persons Having Mental Illness and Mental Retardation are Highly Represented in the CJ System: they are not the same!

Categories of Severe Mental Illness These are highly represented in the prison population Schizophrenia Bipolar disorder Serious depression

Schizophrenia Three to six times greater in the prison population versus the general population This complex disease may include disordered thinking or speech, delusions, hallucinations, inappropriate emotions, confusion, withdrawal, and inattention to personal grooming (Quanbeck, Frye, & Altshuler, 2003). Human Rights Watch 2003, p31

Persons with Schizophrenia Individuals with this mental disorder may present with anxiety, anger, and aloofness; argumentativeness, along with a superior or patronizing manner May be quick to anger, provocative, and dangerous

Bipolar Disorder Bipolar disorder (previously called manic-depressive disorder) is characterized by frequent dramatic mood swings from depression to mania Human rights watch p 31

Persons with Bipolar Disorder During manic phases some people may be psychotic and may experience delusions or hallucinations In a manic phase can be disruptive, quick to anger, provocative, and dangerous

Serious Depression Puts people at an increased risk for suicide and self-mutilation Human Rights Watch, p 65

The Property was the Prisoner’s Own Body In October 2001, a prisoner at Georgia’s Phillips State prison who was mentally ill and had an extensive history of self-mutilation, heard the murder of another prisoner, David Strickland, at the hands of his cellmate in a nearby cell. The prisoner “responded to the stress by cutting himself,” and was subsequently given a disciplinary report and placed in an isolation cell for “destruction of state property”

The DSM-IV Defines a Personality Disorder as: An enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual’s culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment

Personality Disorder The most prevalent personality disorders among jail and prison inmates are anti-social personality disorder (ASPD) and borderline personality disorder

Antisocial Personality Disorder Persons with antisocial personality disorder, typically men, can be particularly difficult to manage in a correctional setting They can often be manipulative, volatile, disruptive, and likely to engage in aggressive, impulsive “acting out” behavior which can include assaults on others, self-mutilation, and/or suicide attempts

Borderline Personality Disorder The essential feature of the former is a pervasive pattern of disregard for, and violation of, the rights of others

Distant Field Evaluation Nonverbal assessment conducted from a distance over 3 feet Inappropriate dress Stumbling or appearing confused Inappropriate actions with others Appears gravely disabled

Detailed Field Evaluation Up close to determine if there are problems that must be addressed Show of respect and non-threatening approach

Interview Considerations Although these interviews may be challenging, they involve only a modification of techniques A cycle of victimization and abuse will make it more difficult to establish rapport Be patient Understanding

Legal Issues Research the statutes that are specific to protecting disabled persons in your state Elements of the crime may be different

Protections Specific statutes exist that protect persons Having disabilities Who are mentally incapacitated Having mental disabilities Having physical disabilities Specific statutes exist that protect the property of special populations

Prepare for the Interview Select a location that is quiet and without distractions Turn off cell phone or pager One-on-one interview is preferred

Communications Appropriate adult may be needed Someone who is able to provide support and smooth the progress of communication with police Facilitated communication may be needed A trained facilitator assists with a keyboard or communication board, steadying the physical movements of the person so that they can make movements

Communication During the Interview Do not phrase questions in legal terms Do not infantilize Keep sentences short and to the point Avoid asking “why” Attempt consistency in communications Avoid leading questions and questions that can be answered with “yes” or “no” If possible, no longer than 30 minutes Confirm vocabulary

Methods for Establishing Rapport Avoid touching the person May be touch toxic May feel as though they can’t refuse the touch If inappropriate touching occurs, firmly and gently avoid personal contact Speak directly to the interviewee with respect Ask the person what they would like to be called Don’t assume the person wants or needs help Keep clear of wheelchairs

Conducting the Interview Attempt consistency in communications Avoid leading questions and questions that can be answered with yes or no If possible, no longer than 30 minutes Confirm vocabulary Avoid asking “why”

Interrogation Considerations Make a determination on the level of functioning of the suspect Can they read, write, answer simple questions? Follow up statements suggestive of guilt by asking for details Verify that the accused understands what is being said

Miranda Warnings There is no requirement that Miranda rights be given verbatim Explain in a manner consistent with the needs of the suspect Provide the suspect with his or her Miranda Rights which is required for all interrogations of persons in custody

False Confessions Interrogations of individuals with a mental retardation is a concern There is a link between low IQ and false confessions Avoid unnecessarily lengthy interrogations Persons having mental retardation usually want to please police officers and may incriminate themselves even when innocent of any crime