the criminal justice response to people with disabilities: ensuring fairness, equality and dignity...
TRANSCRIPT
The Criminal Justice Response to People with Disabilities: Ensuring
Fairness, Equality and Dignity
Breaking the Silence
We are…people first.
NOTHING ABOUT US WITHOUT US!!!
Lessons from our greatest teachers
Definition of Disability
• a medical label• a body part that works differently• a consequence of the
environment.• a part of being human
“My body makes me disabled; society makes me handicapped.”
~ Anonymous
Plain Language
• Disability does not mean inability.• I am a person.• I learn differently.• I am more like you than different.• A label doesn’t tell you who I am.
Disability Competence: One Model
I need to be competent and knowledgeable about all types of disabilities, various
accommodations and legal definitions before I can work with people with disabilities.
Disability Humility: A New Model
“When I meet someone with a disability, I will be open, creative, respectful,
and ready to learn.”“I will treat everyone with a disability
as a unique person.”
Welcoming Physical Environments
• Is it easy for me to get there?
• Do any of the materials show people with disabilities?
• Do the materials and the people say I can request an accommodation?
• Are materials written in plain language and include pictures?
• Do I have choices in the physical setting?
Welcoming Attitudinal Environments
• People seem glad to see me
• People use words I can understand
• People treat me like an adult
• People don’t pretend to understand me when they don’t (I can tell)
• People ask me how they can best help me
• They work with others who can support me or provide assistance
People with disabilities experience violence 1.5 times more often than people without disabilities. Bureau of Justice Statistics
Other studies indicate that people with disabilities are 3 to 10 times more likely to experience violence than people without disabilities.
Prevalence
More data
Of persons who were victimized, 75% had a
developmental disability.
Who are the Victims?
• Unable to resist or escape• Unable or unlikely to report• Risk increases with level of disability• May lack critical information• Trained to comply• Dependent on caregivers• May have a ‘reputation’
Who are the Victims?
• Learned helplessness• Isolation• Lonely• Little power• History of abuse• Environmental risks
Who are the Offenders?
• Persons paid to provide services• Family members• Transportation providers• Other acquaintances• Peers• Strangers
Response to the Problem
• Prevention of violence• Education/Awareness• Understanding of indicators• Take Action when violence occurs• ADA applications to crime victims
COLLABORATION IS A MUST!
The Question to ask Yourself…
“What do I need that I do not have?”
Stages for the Survivor:Criminal Justice
• Disclosure/Crisis stage• Resources mobilized• Stabilization• Arrest of offender• Before court • Court• After court
Healing begins with relationship.
Relationship is critical even with one time
contacts.
Interventions
• Establishing Rapport• Person first• Speak directly to the person• Adult interactions• Use first names and plain language• Make eye contact• Put self at eye level with the person• Easy chatting to establish a connection
Interventions
• Establishing rapport (continued)• Offer choices!!!!!• Take your time• Use pictures when possible• Allow time for the person to respond• Provide with the facts• Respect boundaries (including
wheelchairs)• Reflect feelings
Location of Interview
• Select safe location (not home)• Limit distractions
Considerations
• Concrete thinking• Mimicking• Through protectors• Cloak of competence• Eager to please• Pleasant facade
Considerations
• Receptive and expressive language• May be easily distracted• May not trust easily
Communication Adaptations
• Avoid legal jargon• Simpler words/sentences• Break down key concepts• Open-ended, non-leading questions• Do not ask, “Do you understand?”• Ask same question in different
ways
Communication Adaptations
• Arrange for support person to be there, if person agrees
• Avoid sarcasm, clichés and words with multiple meanings
• Use visual, kinesthetic, interpersonal and music when possible
• Take breaks
Communication Adaptations
• Let the person tell their story and lead the interview
• Take plenty of time• Offer choices• Provide facts• Look for patterns of
misunderstanding
Communication examples
• Let’s go back….
• He, she, they….what?
Credibility
• Establishing understanding of Truth vs. Lie• What happens if you tell a lie?• Point to body parts - tell me the
name• Remember and tell what
happened
Many people with disabilities are
credible witnesses
Before Court
• Offer person an advocate• Bring person into the courtroom• Show who sits where• Explain what happens in simple
words• Practice looking at Attorney• Role Play giving testimony• Visual Cue for calming down
Before Court
• It’s okay to say, “I don’t know”.• Practice: “Can you say that
another way?”• Tell the person they are helping
other people to be safe.
During Court
• Plan for a support person to be present
• Use relationship and visual cues• Use expert witness familiar with
disability issues and violence• Use communication adaptations • Take a break if needed
After Court
• Keep person informed• Help person feel safe• Encourage person to go to
counseling• Remind person they were brave
to help others
Recovery• May need to educate significant others
about the need• Recognize that victims with disabilities
have similar recovery issues as victims without disabilities
• Determine communication abilities and preferences
• Make adaptations to traditional recovery work based on individual need
Recovery
• Make adaptations to traditional recovery work based on individual need
• Break information into smaller pieces• Use music, physical, visual and
interpersonal strategies• May need to teach the person to
make choices
People First Language
- Put people first- Do not focus on disability- Do not portray successful people with
disabilities as superhuman- Do not sensationalize a disability- Do not use general labels
You, As a Journalist!
Can you rewrite the following article using respectful, people-first
language?
Presume that people are COMPETENT,
CAPABLE,and WONDERFUL!
ALLOW FOR THE POSSIBILITY
With Liberty and Justice for ALL…
Shirley A. Paceley217-875-8890
Blue Tower Training Center (BTTC) is a division of Macon Resources, Inc. (MRI) which provides training, consultation, training materials and resources on a national as well as international basis.
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