1. Interviewing Persons with Disabilities or Mental Illness
Chapter 9

2. 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.

3. The American with Disability 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.”

4. ADA is a Legislative Mandate
The American 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 & interviewing
Arresting, booking, and holding suspects
Enforcing laws
Incarceration

5. 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

6. 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

7. 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 beat 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

8. 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
By speaking clearly
Using breathalyzers
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

9. 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

10. Disability may be defined through a variety of cognitive and communication disabilities

11. Mental Retardation – a Developmental Disability
Persons with mental retardation possess less than average ability to process information
2% to 10% of the prison population
Some may not be able to understand or answer questions
Will exhibit a mood level that is inconsistent with the situation
Have a short attention span
Limited vocabulary
May have a speech impediment
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
(Davis, 2000). ARC

12. 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

13. Persons having mental illness & mental retardation are highly represented in the cj system: they are not the same!
Mental Illness
Mental Retardation
Impacts moods & emotions
Low or High IQ
Occurs at any time
Disability may be noticeable
May be associated with violent outbursts
Decreased ability to learn
Low IQ
Occurs before age 18
Unless severe, disability is not often noticeable
Persons are usually not violent

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

15. Schizophrenia
3 to 6 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
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
(Quanbeck, Frye, & Altshuler, 2003).
Human Rights Watch 2003, p31

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

17. Serious Depression
Puts people at an increased risk for suicide and self-mutilation
In 2001, a prisoner at Georgia’s Phillips State prison who was mentally ill had had an extensive history of self-mutilation, heard the murder of another prisoner 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.”
Human Rights Watch, p 65

18. Distant Field Evaluation
A nonverbal assessment that is conducted from a distance over 3 feet
This is used when a person attracts interest in the field
Inappropriate dress
Stumbling or appearing confused
Inappropriate actions with others
Appears gravely disabled

19. Detailed Field Evaluation
Up-close assessment to determine if the subject is mentally disordered or physically handicapped
The purpose is to determine if there are problems that must be addressed
Show of respect & non-threatening approach
Speak firmly and clearly
Show concern through actions and words:
“Are you ok?”
“Do you need help?”

20. 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

21. Legal Issues
Research the statutes that are specific to protecting disabled persons in your state
Elements of the crimes against persons with disability may be different crimes committed against non-disabled persons
Specific statutes exist that protect persons
Having disability
Mentally incapacitated
Having mental disability
Having physical disability
Specific statutes exist that protects the property of special populations

22. 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

23. Methods for Establishing Rapport
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
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

24. 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

25. Interrogation Considerations – Level of Functioning
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

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

27. 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