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

spaceley@maconresources.org

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.

Discover The Power of P.E.E.R.

Passion. Equality. Empowerment. Respect.

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