38
Partners In Justice Partners In Justice Training for Magistrates on People Training for Magistrates on People with Intellectual Disabilities with Intellectual Disabilities This project is supported by The Arc of North Carolina and the 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- 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. 402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

Partners In Justice

Embed Size (px)

DESCRIPTION

Partners In Justice. Training for Magistrates on People with Intellectual Disabilities. This project is supported by The Arc of North Carolina and the - PowerPoint PPT Presentation

Citation preview

Page 1: Partners In Justice

Partners In JusticePartners In JusticeTraining for Magistrates on People with Training for Magistrates on People with

Intellectual DisabilitiesIntellectual Disabilities

This project is supported by The Arc of North Carolina and the 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-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 2000.402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

Page 2: Partners In Justice

Who are we talking about?Who are we talking about?Who are we talking about?Who are we talking about?

Partners in Justice focuses on Partners in Justice focuses on individuals with intellectual disabilities. individuals with intellectual disabilities.

Intellectual disabilities include mental Intellectual disabilities include mental retardation, acquired brain injuries retardation, acquired brain injuries (stroke), traumatic brain injuries, and (stroke), traumatic brain injuries, and Autism. Autism.

Partners in Justice focuses on Partners in Justice focuses on individuals with intellectual disabilities. individuals with intellectual disabilities.

Intellectual disabilities include mental Intellectual disabilities include mental retardation, acquired brain injuries retardation, acquired brain injuries (stroke), traumatic brain injuries, and (stroke), traumatic brain injuries, and Autism. Autism.

Page 3: Partners In Justice

Challenges Faced by MagistratesChallenges Faced by MagistratesChallenges Faced by MagistratesChallenges Faced by Magistrates

Daily, our criminal justice system Daily, our criminal justice system addresses the challenge of balancing addresses the challenge of balancing individual rights and public safety.individual rights and public safety.

Faced with difficult decisions on short Faced with difficult decisions on short notice, magistrates rely on tried and notice, magistrates rely on tried and tested protocols, their own common tested protocols, their own common sense, and a system of beliefs about sense, and a system of beliefs about human nature and behavior. human nature and behavior.

Daily, our criminal justice system Daily, our criminal justice system addresses the challenge of balancing addresses the challenge of balancing individual rights and public safety.individual rights and public safety.

Faced with difficult decisions on short Faced with difficult decisions on short notice, magistrates rely on tried and notice, magistrates rely on tried and tested protocols, their own common tested protocols, their own common sense, and a system of beliefs about sense, and a system of beliefs about human nature and behavior. human nature and behavior.

Page 4: Partners In Justice

Challenges continuedChallenges continuedChallenges continuedChallenges continued

When people with intellectual When people with intellectual disabilities such as mental retardation disabilities such as mental retardation and autism interact with law and autism interact with law enforcement, elements of their enforcement, elements of their disabilities brush against these disabilities brush against these protocols and beliefs and may result in protocols and beliefs and may result in serious misunderstanding – or even serious misunderstanding – or even tragedy.tragedy.

The goals of public safety and fairness The goals of public safety and fairness can both be compromised.can both be compromised.

When people with intellectual When people with intellectual disabilities such as mental retardation disabilities such as mental retardation and autism interact with law and autism interact with law enforcement, elements of their enforcement, elements of their disabilities brush against these disabilities brush against these protocols and beliefs and may result in protocols and beliefs and may result in serious misunderstanding – or even serious misunderstanding – or even tragedy.tragedy.

The goals of public safety and fairness The goals of public safety and fairness can both be compromised.can both be compromised.

Page 5: Partners In Justice

Why this training?Why this training?Why this training?Why this training?

The goal of this training is to improve The goal of this training is to improve communication between magistrates communication between magistrates and people with intellectual disabilities and people with intellectual disabilities whether they encounter the system as whether they encounter the system as victims, witnesses, or alleged victims, witnesses, or alleged perpetrators.perpetrators.

All law enforcement professionals and All law enforcement professionals and society can benefit from this society can benefit from this information.information.

The goal of this training is to improve The goal of this training is to improve communication between magistrates communication between magistrates and people with intellectual disabilities and people with intellectual disabilities whether they encounter the system as whether they encounter the system as victims, witnesses, or alleged victims, witnesses, or alleged perpetrators.perpetrators.

All law enforcement professionals and All law enforcement professionals and society can benefit from this society can benefit from this information.information.

Page 6: Partners In Justice

Scope of the ProblemScope of the ProblemScope of the ProblemScope of the Problem

How many people with mental How many people with mental retardation are in the criminal justice retardation are in the criminal justice system?system? 1990 Census estimates 6.2--7.5 1990 Census estimates 6.2--7.5

million people in the US have mental million people in the US have mental retardation. Studies suggest between retardation. Studies suggest between 2 and 10 percent of the prison 2 and 10 percent of the prison population has mental retardation.population has mental retardation.

How many people with mental How many people with mental retardation are in the criminal justice retardation are in the criminal justice system?system? 1990 Census estimates 6.2--7.5 1990 Census estimates 6.2--7.5

million people in the US have mental million people in the US have mental retardation. Studies suggest between retardation. Studies suggest between 2 and 10 percent of the prison 2 and 10 percent of the prison population has mental retardation.population has mental retardation.

Page 7: Partners In Justice

Do people with mental retardation Do people with mental retardation commit crimes more often than people commit crimes more often than people without this disability?without this disability?

-- Studies since 1950 suggest there is no Studies since 1950 suggest there is no significant link between mental retardation significant link between mental retardation and criminal behavior.and criminal behavior.

Do people with mental retardation Do people with mental retardation commit crimes more often than people commit crimes more often than people without this disability?without this disability?

-- Studies since 1950 suggest there is no Studies since 1950 suggest there is no significant link between mental retardation significant link between mental retardation and criminal behavior.and criminal behavior.

Scope of the ProblemScope of the ProblemScope of the ProblemScope of the Problem

Page 8: Partners In Justice

What disadvantages do people with What disadvantages do people with mental retardation face in the criminal mental retardation face in the criminal justice system?justice system?They:They:

1)1) do not want their disability to be do not want their disability to be recognized so they recognized so they try to hide ittry to hide it..

2)2) may not understand their rights, but may not understand their rights, but they will pretend they do.they will pretend they do.

3)3) may not understand commands.may not understand commands.4)4) may be overwhelmed by police may be overwhelmed by police

presence.presence.

What disadvantages do people with What disadvantages do people with mental retardation face in the criminal mental retardation face in the criminal justice system?justice system?They:They:

1)1) do not want their disability to be do not want their disability to be recognized so they recognized so they try to hide ittry to hide it..

2)2) may not understand their rights, but may not understand their rights, but they will pretend they do.they will pretend they do.

3)3) may not understand commands.may not understand commands.4)4) may be overwhelmed by police may be overwhelmed by police

presence.presence.

Scope of the ProblemScope of the ProblemScope of the ProblemScope of the Problem

Page 9: Partners In Justice

May say what they think the magistrate wants May say what they think the magistrate wants to hear. to hear.

May not understand why they are being May not understand why they are being detained and try to run away; or become detained and try to run away; or become upset and combative.upset and combative.

May have difficulty describing details, May have difficulty describing details, actions or facts.actions or facts.

Are often the last one to leave the scene of Are often the last one to leave the scene of the crime and the first one to be caught.the crime and the first one to be caught.

May be confused about their part in the crime May be confused about their part in the crime and confess even though innocent.and confess even though innocent.

May say what they think the magistrate wants May say what they think the magistrate wants to hear. to hear.

May not understand why they are being May not understand why they are being detained and try to run away; or become detained and try to run away; or become upset and combative.upset and combative.

May have difficulty describing details, May have difficulty describing details, actions or facts.actions or facts.

Are often the last one to leave the scene of Are often the last one to leave the scene of the crime and the first one to be caught.the crime and the first one to be caught.

May be confused about their part in the crime May be confused about their part in the crime and confess even though innocent.and confess even though innocent.

Disadvantages Disadvantages (Continued)(Continued)Disadvantages Disadvantages (Continued)(Continued)

Page 10: Partners In Justice

People with mental retardation are more People with mental retardation are more likely to be arrested, convicted, sentenced likely to be arrested, convicted, sentenced to prison, and victimized in prison. to prison, and victimized in prison. (Santamour, 1986)(Santamour, 1986)

Once in the criminal justice system, these Once in the criminal justice system, these

individuals tend to serve longer sentences individuals tend to serve longer sentences due to an inability to understand or adapt due to an inability to understand or adapt to prison rules.to prison rules.

People with mental retardation are more People with mental retardation are more likely to be arrested, convicted, sentenced likely to be arrested, convicted, sentenced to prison, and victimized in prison. to prison, and victimized in prison. (Santamour, 1986)(Santamour, 1986)

Once in the criminal justice system, these Once in the criminal justice system, these

individuals tend to serve longer sentences individuals tend to serve longer sentences due to an inability to understand or adapt due to an inability to understand or adapt to prison rules.to prison rules.

Scope of the ProblemScope of the ProblemScope of the ProblemScope of the Problem

Page 11: Partners In Justice

Do people with mental retardation Do people with mental retardation become victims of crime more become victims of crime more often than those without a often than those without a disability?disability?

Research finds that people with Research finds that people with disabilities are at least twice as likely disabilities are at least twice as likely as others to be victimized.as others to be victimized.

Do people with mental retardation Do people with mental retardation become victims of crime more become victims of crime more often than those without a often than those without a disability?disability?

Research finds that people with Research finds that people with disabilities are at least twice as likely disabilities are at least twice as likely as others to be victimized.as others to be victimized.

Scope of the ProblemScope of the ProblemScope of the ProblemScope of the Problem

Page 12: Partners In Justice

Victims with disabilities may not report Victims with disabilities may not report crimes against themselves because crimes against themselves because they are dependent on the abuser as a they are dependent on the abuser as a caregiver.caregiver.

Law enforcement officers and court Law enforcement officers and court officials may not see a person with a officials may not see a person with a disability as a reliable witness and may disability as a reliable witness and may be reluctant to investigate and be reluctant to investigate and prosecute.prosecute.

Victims with disabilities may not report Victims with disabilities may not report crimes against themselves because crimes against themselves because they are dependent on the abuser as a they are dependent on the abuser as a caregiver.caregiver.

Law enforcement officers and court Law enforcement officers and court officials may not see a person with a officials may not see a person with a disability as a reliable witness and may disability as a reliable witness and may be reluctant to investigate and be reluctant to investigate and prosecute.prosecute.

Scope of the ProblemScope of the ProblemScope of the ProblemScope of the Problem

Page 13: Partners In Justice

Why is this important?Why is this important?Why is this important?Why is this important?

Approximately 1-3% of the general Approximately 1-3% of the general population has mental retardation, but it population has mental retardation, but it is much more prevalent among is much more prevalent among individuals who come into contact with individuals who come into contact with law enforcement and magistrates.law enforcement and magistrates.

If a law enforcement officer does not If a law enforcement officer does not identify a person’s disability during an identify a person’s disability during an investigation, it may affect the outcome of investigation, it may affect the outcome of the case and/or damage his/her career.the case and/or damage his/her career.

Approximately 1-3% of the general Approximately 1-3% of the general population has mental retardation, but it population has mental retardation, but it is much more prevalent among is much more prevalent among individuals who come into contact with individuals who come into contact with law enforcement and magistrates.law enforcement and magistrates.

If a law enforcement officer does not If a law enforcement officer does not identify a person’s disability during an identify a person’s disability during an investigation, it may affect the outcome of investigation, it may affect the outcome of the case and/or damage his/her career.the case and/or damage his/her career.

Page 14: Partners In Justice

The Americans with Disabilities Act requires The Americans with Disabilities Act requires that police provide “reasonable that police provide “reasonable accommodations” to people with intellectual accommodations” to people with intellectual disabilities. disabilities.

If a magistrate does not recognize and If a magistrate does not recognize and accommodate a person’s disability, this could accommodate a person’s disability, this could lead to an individual being victimized while in lead to an individual being victimized while in jail.jail.

Having this information will help the magistrate Having this information will help the magistrate make smarter, not harder decisions!make smarter, not harder decisions!

The Americans with Disabilities Act requires The Americans with Disabilities Act requires that police provide “reasonable that police provide “reasonable accommodations” to people with intellectual accommodations” to people with intellectual disabilities. disabilities.

If a magistrate does not recognize and If a magistrate does not recognize and accommodate a person’s disability, this could accommodate a person’s disability, this could lead to an individual being victimized while in lead to an individual being victimized while in jail.jail.

Having this information will help the magistrate Having this information will help the magistrate make smarter, not harder decisions!make smarter, not harder decisions!

Why is this important?Why is this important?Why is this important?Why is this important?

Page 15: Partners In Justice

Mental Retardation vs. Mental IllnessMental Retardation vs. Mental IllnessMental Retardation vs. Mental IllnessMental Retardation vs. Mental Illness

Mental Retardation results in abnormal Mental Retardation results in abnormal thought processing – not abnormal thought processing – not abnormal thought. The traits or characteristics thought. The traits or characteristics often seen in persons with mental often seen in persons with mental retardation are not like symptoms seen retardation are not like symptoms seen in persons with mental illness.in persons with mental illness.

Mental Retardation results in abnormal Mental Retardation results in abnormal thought processing – not abnormal thought processing – not abnormal thought. The traits or characteristics thought. The traits or characteristics often seen in persons with mental often seen in persons with mental retardation are not like symptoms seen retardation are not like symptoms seen in persons with mental illness.in persons with mental illness.

Page 16: Partners In Justice

What’s the difference?What’s the difference?What’s the difference?What’s the difference?

Mental Retardation Mental Retardation

A permanent A permanent conditioncondition

Mental Retardation Mental Retardation

A permanent A permanent conditioncondition

Mental Illness Mental Illness

A disease/sickness A disease/sickness which may be which may be temporary, last temporary, last years, or cycleyears, or cycle

Mental Illness Mental Illness

A disease/sickness A disease/sickness which may be which may be temporary, last temporary, last years, or cycleyears, or cycle

Page 17: Partners In Justice

Mental RetardationMental Retardation

Low IQLow IQ

Before age 18Before age 18

Responds to Responds to training/educationtraining/education

Mental RetardationMental Retardation

Low IQLow IQ

Before age 18Before age 18

Responds to Responds to training/educationtraining/education

Mental IllnessMental Illness

Low OR High IQLow OR High IQ

Occurs at any ageOccurs at any age

Responds to Responds to therapy/treatmenttherapy/treatment

Mental IllnessMental Illness

Low OR High IQLow OR High IQ

Occurs at any ageOccurs at any age

Responds to Responds to therapy/treatmenttherapy/treatment

What’s the difference?What’s the difference?What’s the difference?What’s the difference?

Page 18: Partners In Justice

What are some traits I might see?What are some traits I might see?What are some traits I might see?What are some traits I might see?

May not communicate at age level:May not communicate at age level: Limited vocabularyLimited vocabulary Difficulty understanding/answering Difficulty understanding/answering

questionsquestions Mimics answers/responsesMimics answers/responses Unable to communicate events clearly in Unable to communicate events clearly in

his/her own wordshis/her own words Unable to understand complicated Unable to understand complicated

instructions or abstract conceptsinstructions or abstract concepts

May not communicate at age level:May not communicate at age level: Limited vocabularyLimited vocabulary Difficulty understanding/answering Difficulty understanding/answering

questionsquestions Mimics answers/responsesMimics answers/responses Unable to communicate events clearly in Unable to communicate events clearly in

his/her own wordshis/her own words Unable to understand complicated Unable to understand complicated

instructions or abstract conceptsinstructions or abstract concepts

Page 19: Partners In Justice

May not understand consequences of May not understand consequences of situationssituations

Unaware of seriousness of situationsUnaware of seriousness of situations

Easily led or persuaded by othersEasily led or persuaded by others

Naïve eagerness to confess or please Naïve eagerness to confess or please authority figuresauthority figures

May not understand consequences of May not understand consequences of situationssituations

Unaware of seriousness of situationsUnaware of seriousness of situations

Easily led or persuaded by othersEasily led or persuaded by others

Naïve eagerness to confess or please Naïve eagerness to confess or please authority figuresauthority figures

Traits Traits (continued)(continued)Traits Traits (continued)(continued)

Page 20: Partners In Justice

May not behave appropriately:May not behave appropriately:

Unaware of social norms and appropriate Unaware of social norms and appropriate social behaviorsocial behavior

Acts younger than actual age, may display Acts younger than actual age, may display childlike behaviorchildlike behavior

Displays low frustration tolerance and/or Displays low frustration tolerance and/or poor impulse controlpoor impulse control

May “act out”, become emotional, or try to May “act out”, become emotional, or try to leave if under pressureleave if under pressure

May not behave appropriately:May not behave appropriately:

Unaware of social norms and appropriate Unaware of social norms and appropriate social behaviorsocial behavior

Acts younger than actual age, may display Acts younger than actual age, may display childlike behaviorchildlike behavior

Displays low frustration tolerance and/or Displays low frustration tolerance and/or poor impulse controlpoor impulse control

May “act out”, become emotional, or try to May “act out”, become emotional, or try to leave if under pressureleave if under pressure

Traits Traits (continued)(continued)Traits Traits (continued)(continued)

Page 21: Partners In Justice

May have difficulty performing tasksMay have difficulty performing tasks

Inability to read or write Inability to read or write Inability to tell timeInability to tell time Difficulty staying focused and easily Difficulty staying focused and easily

distracteddistracted Awkward/poor motor coordinationAwkward/poor motor coordination

May have difficulty performing tasksMay have difficulty performing tasks

Inability to read or write Inability to read or write Inability to tell timeInability to tell time Difficulty staying focused and easily Difficulty staying focused and easily

distracteddistracted Awkward/poor motor coordinationAwkward/poor motor coordination

Traits Traits (continued)(continued)Traits Traits (continued)(continued)

Page 22: Partners In Justice

What are some common What are some common reactions one might reactions one might expect to see when a expect to see when a

person with an intellectual person with an intellectual disability is under stress?disability is under stress?

What are some common What are some common reactions one might reactions one might expect to see when a expect to see when a

person with an intellectual person with an intellectual disability is under stress?disability is under stress?

Page 23: Partners In Justice

Difficulty recalling facts/detailsDifficulty recalling facts/details Impulsive actions (try to run, fight, etc.)Impulsive actions (try to run, fight, etc.) Over-willing to confessOver-willing to confess Hides disabilityHides disability Says what others want to hearSays what others want to hear FrustrationFrustration

Difficulty recalling facts/detailsDifficulty recalling facts/details Impulsive actions (try to run, fight, etc.)Impulsive actions (try to run, fight, etc.) Over-willing to confessOver-willing to confess Hides disabilityHides disability Says what others want to hearSays what others want to hear FrustrationFrustration

Common Stress Related ReactionsCommon Stress Related ReactionsCommon Stress Related ReactionsCommon Stress Related Reactions

Page 24: Partners In Justice

How to Recognize a Person with Autism How to Recognize a Person with Autism Spectrum DisorderSpectrum Disorder

How to Recognize a Person with Autism How to Recognize a Person with Autism Spectrum DisorderSpectrum Disorder

May not make eye contact.  Don't May not make eye contact.  Don't misinterpret limited eye contact as misinterpret limited eye contact as deceit.deceit.

May not talk (nonverbal).  May not talk (nonverbal). 

May communicate with sign May communicate with sign language, picture cards or gestures.language, picture cards or gestures.

May not make eye contact.  Don't May not make eye contact.  Don't misinterpret limited eye contact as misinterpret limited eye contact as deceit.deceit.

May not talk (nonverbal).  May not talk (nonverbal). 

May communicate with sign May communicate with sign language, picture cards or gestures.language, picture cards or gestures.

Page 25: Partners In Justice

Autism Spectrum Disorder continuedAutism Spectrum Disorder continuedAutism Spectrum Disorder continuedAutism Spectrum Disorder continued

May have trouble understanding what May have trouble understanding what YOU say.  Give direct, short YOU say.  Give direct, short instructions such as “Stand up now”, instructions such as “Stand up now”, not literal expressions such as not literal expressions such as “Spread eagle.” “Spread eagle.”

May have a delayed response to your May have a delayed response to your question.question.

May have trouble understanding what May have trouble understanding what YOU say.  Give direct, short YOU say.  Give direct, short instructions such as “Stand up now”, instructions such as “Stand up now”, not literal expressions such as not literal expressions such as “Spread eagle.” “Spread eagle.”

May have a delayed response to your May have a delayed response to your question.question.

Autism Spectrum Disorder Continued

Page 26: Partners In Justice

May not read your facial expression or body May not read your facial expression or body language.language.

May invade your personal space unknowingly. May invade your personal space unknowingly.

Avoid touching person unless necessary to keep Avoid touching person unless necessary to keep person from injuring himself/herself or you. person from injuring himself/herself or you.

If restraint is required, don’t allow the officer to If restraint is required, don’t allow the officer to place on stomach or hold from behind with their place on stomach or hold from behind with their arms crossed in front of them because arms crossed in front of them because underdeveloped chest muscles may cause underdeveloped chest muscles may cause breathing difficulties.breathing difficulties.

Autism Spectrum Disorder ContinuedAutism Spectrum Disorder Continued

Page 27: Partners In Justice

Autism Spectrum Disorder ContinuedAutism Spectrum Disorder ContinuedAutism Spectrum Disorder ContinuedAutism Spectrum Disorder Continued

Many persons with Autism have Many persons with Autism have seizures.seizures.

Many persons with Autism Spectrum Many persons with Autism Spectrum Disorders show odd behaviors such as Disorders show odd behaviors such as flapping hands or pacing. Don’t try to flapping hands or pacing. Don’t try to stop these behaviors which may be the stop these behaviors which may be the person’s way of calming him/her self.person’s way of calming him/her self.

Many persons with Autism have Many persons with Autism have seizures.seizures.

Many persons with Autism Spectrum Many persons with Autism Spectrum Disorders show odd behaviors such as Disorders show odd behaviors such as flapping hands or pacing. Don’t try to flapping hands or pacing. Don’t try to stop these behaviors which may be the stop these behaviors which may be the person’s way of calming him/her self.person’s way of calming him/her self.

Page 28: Partners In Justice

UNDERSTANDINGUNDERSTANDING BRAINBRAIN INJURYINJURYUNDERSTANDINGUNDERSTANDING BRAINBRAIN INJURYINJURY

Acquired Brain InjuryAcquired Brain Injury (ABI) is NOT caused by (ABI) is NOT caused by congenital or degenerative disorders nor congenital or degenerative disorders nor birth trauma, but by external forces or birth trauma, but by external forces or internal events that impair physical, internal events that impair physical, neurological, psychological, intellectual, neurological, psychological, intellectual, emotional, and behavioral functioning. emotional, and behavioral functioning.

Traumatic Brain Injury Traumatic Brain Injury (TBI) is a subset of (TBI) is a subset of Acquired Brain Injury referring only to Acquired Brain Injury referring only to injuries caused by external blunt force injuries caused by external blunt force trauma. trauma.

Acquired Brain InjuryAcquired Brain Injury (ABI) is NOT caused by (ABI) is NOT caused by congenital or degenerative disorders nor congenital or degenerative disorders nor birth trauma, but by external forces or birth trauma, but by external forces or internal events that impair physical, internal events that impair physical, neurological, psychological, intellectual, neurological, psychological, intellectual, emotional, and behavioral functioning. emotional, and behavioral functioning.

Traumatic Brain Injury Traumatic Brain Injury (TBI) is a subset of (TBI) is a subset of Acquired Brain Injury referring only to Acquired Brain Injury referring only to injuries caused by external blunt force injuries caused by external blunt force trauma. trauma.

Page 29: Partners In Justice

UNDERSTANDINGUNDERSTANDING BRAINBRAIN INJURYINJURYUNDERSTANDINGUNDERSTANDING BRAINBRAIN INJURYINJURY

Examples of blunt trauma include falls, being Examples of blunt trauma include falls, being struck by a heavy object, etc. Penetrating struck by a heavy object, etc. Penetrating trauma includes gunshot or knife wounds to trauma includes gunshot or knife wounds to the head. Acceleration/deceleration forces the head. Acceleration/deceleration forces includes Shaken Baby Syndrome and includes Shaken Baby Syndrome and damage to the brain inside the skull during damage to the brain inside the skull during sudden impact events such as car crashes.sudden impact events such as car crashes.

Consequences vary according to the severity Consequences vary according to the severity and location in the brain of the injury, but and location in the brain of the injury, but may include: memory loss, difficulty may include: memory loss, difficulty processing information, anxiety or processing information, anxiety or depression, fatigue, sensory impairments, depression, fatigue, sensory impairments, loss of physical function, disturbance in loss of physical function, disturbance in behavioral functioning, etc.behavioral functioning, etc.

Examples of blunt trauma include falls, being Examples of blunt trauma include falls, being struck by a heavy object, etc. Penetrating struck by a heavy object, etc. Penetrating trauma includes gunshot or knife wounds to trauma includes gunshot or knife wounds to the head. Acceleration/deceleration forces the head. Acceleration/deceleration forces includes Shaken Baby Syndrome and includes Shaken Baby Syndrome and damage to the brain inside the skull during damage to the brain inside the skull during sudden impact events such as car crashes.sudden impact events such as car crashes.

Consequences vary according to the severity Consequences vary according to the severity and location in the brain of the injury, but and location in the brain of the injury, but may include: memory loss, difficulty may include: memory loss, difficulty processing information, anxiety or processing information, anxiety or depression, fatigue, sensory impairments, depression, fatigue, sensory impairments, loss of physical function, disturbance in loss of physical function, disturbance in behavioral functioning, etc.behavioral functioning, etc.

Page 30: Partners In Justice

Changes following a brain injury can affect Changes following a brain injury can affect how the person experiences life, interprets how the person experiences life, interprets events and responds behaviorally.events and responds behaviorally.

If the person:If the person: has trouble processing or remembering has trouble processing or remembering

information, he may not follow instructions information, he may not follow instructions and may be perceived as belligerent or and may be perceived as belligerent or unmotivated.unmotivated.

experiences headaches and fatigue, his experiences headaches and fatigue, his level of frustration tolerance may be low level of frustration tolerance may be low causing him to act out in anger.causing him to act out in anger.

Changes following a brain injury can affect Changes following a brain injury can affect how the person experiences life, interprets how the person experiences life, interprets events and responds behaviorally.events and responds behaviorally.

If the person:If the person: has trouble processing or remembering has trouble processing or remembering

information, he may not follow instructions information, he may not follow instructions and may be perceived as belligerent or and may be perceived as belligerent or unmotivated.unmotivated.

experiences headaches and fatigue, his experiences headaches and fatigue, his level of frustration tolerance may be low level of frustration tolerance may be low causing him to act out in anger.causing him to act out in anger.

Understanding Brain Injury ContinuedUnderstanding Brain Injury Continued

Page 31: Partners In Justice

Understanding Brain Injury ContinuedUnderstanding Brain Injury ContinuedUnderstanding Brain Injury ContinuedUnderstanding Brain Injury Continued

If the personIf the person has difficulty perceiving how his behavior has difficulty perceiving how his behavior

affects others, important relationships can affects others, important relationships can become strained.become strained.

has difficulty with impulsivity, he may do has difficulty with impulsivity, he may do or say things that are not always socially or say things that are not always socially appropriate (e.g. sexual acting out).appropriate (e.g. sexual acting out).

experiences emotional volatility, he may experiences emotional volatility, he may have outbursts of anger, aggression, or have outbursts of anger, aggression, or crying.crying.

If the personIf the person has difficulty perceiving how his behavior has difficulty perceiving how his behavior

affects others, important relationships can affects others, important relationships can become strained.become strained.

has difficulty with impulsivity, he may do has difficulty with impulsivity, he may do or say things that are not always socially or say things that are not always socially appropriate (e.g. sexual acting out).appropriate (e.g. sexual acting out).

experiences emotional volatility, he may experiences emotional volatility, he may have outbursts of anger, aggression, or have outbursts of anger, aggression, or crying.crying.

Page 32: Partners In Justice

Helpful HintsHelpful Hints

CommunicationCommunication

Is The KEY!Is The KEY!

CommunicationCommunication

Is The KEY!Is The KEY!

Page 33: Partners In Justice

Speak directly to the person. Make eye Speak directly to the person. Make eye contact before you speak and say contact before you speak and say his/her name often.his/her name often.

Keep sentences short.Keep sentences short. Use simple language. Speak slowly Use simple language. Speak slowly

and clearly.and clearly. Break complicated instructions or Break complicated instructions or

information into smaller parts.information into smaller parts.

Speak directly to the person. Make eye Speak directly to the person. Make eye contact before you speak and say contact before you speak and say his/her name often.his/her name often.

Keep sentences short.Keep sentences short. Use simple language. Speak slowly Use simple language. Speak slowly

and clearly.and clearly. Break complicated instructions or Break complicated instructions or

information into smaller parts.information into smaller parts.

Communication TipsCommunication TipsCommunication TipsCommunication Tips

Page 34: Partners In Justice

Be patient and take time giving or asking Be patient and take time giving or asking for information.for information.

Treat adults as adults regardless of their Treat adults as adults regardless of their disability.disability.

If you are unsure if the person really If you are unsure if the person really understands what you are saying, ask understands what you are saying, ask him/her to repeat it in his/her own words.him/her to repeat it in his/her own words.

If the person does not seem to understand If the person does not seem to understand what you are asking, ask the question in what you are asking, ask the question in another way.another way.

Be patient and take time giving or asking Be patient and take time giving or asking for information.for information.

Treat adults as adults regardless of their Treat adults as adults regardless of their disability.disability.

If you are unsure if the person really If you are unsure if the person really understands what you are saying, ask understands what you are saying, ask him/her to repeat it in his/her own words.him/her to repeat it in his/her own words.

If the person does not seem to understand If the person does not seem to understand what you are asking, ask the question in what you are asking, ask the question in another way.another way.

Communication Tips Communication Tips (continued)(continued)Communication Tips Communication Tips (continued)(continued)

Page 35: Partners In Justice

IN CONCLUSION…IN CONCLUSION…IN CONCLUSION…IN CONCLUSION…

Page 36: Partners In Justice

Remember, you are not expected to be Remember, you are not expected to be an expert on intellectual disabilities. an expert on intellectual disabilities. There are experts who can help you There are experts who can help you when you have questions:when you have questions: The Arc of North Carolina (and local chapters)The Arc of North Carolina (and local chapters) The local mental health agenciesThe local mental health agencies The State Division of Mental Health, The State Division of Mental Health,

Developmental Disabilities and Substance Abuse Developmental Disabilities and Substance Abuse Services, Justice Innovations TeamServices, Justice Innovations Team

Governor’s Advocacy Council for Persons with Governor’s Advocacy Council for Persons with DisabilitiesDisabilities

Remember, you are not expected to be Remember, you are not expected to be an expert on intellectual disabilities. an expert on intellectual disabilities. There are experts who can help you There are experts who can help you when you have questions:when you have questions: The Arc of North Carolina (and local chapters)The Arc of North Carolina (and local chapters) The local mental health agenciesThe local mental health agencies The State Division of Mental Health, The State Division of Mental Health,

Developmental Disabilities and Substance Abuse Developmental Disabilities and Substance Abuse Services, Justice Innovations TeamServices, Justice Innovations Team

Governor’s Advocacy Council for Persons with Governor’s Advocacy Council for Persons with DisabilitiesDisabilities

In ConclusionIn ConclusionIn ConclusionIn Conclusion

Page 37: Partners In Justice

AcknowledgementsAcknowledgementsAcknowledgementsAcknowledgementsThis presentation was developed especially for North Carolina This presentation was developed especially for North Carolina

by Partners in Justice, a statewide collaborative effort designed to assist by Partners in Justice, a statewide collaborative effort designed to assist individuals with cognitive disabilities who are at risk of becoming individuals with cognitive disabilities who are at risk of becoming involved in the criminal justice system. The North Carolina Council on involved in the criminal justice system. The North Carolina Council on Developmental Disabilities provided grant funding to The Arc of North Developmental Disabilities provided grant funding to The Arc of North Carolina to support the project. Many different, excellent training Carolina to support the project. Many different, excellent training materials were researched and adapted with special consideration for materials were researched and adapted with special consideration for the specific needs of the citizens of North Carolina. the specific needs of the citizens of North Carolina.

Special thanks goes to Carolina Legal Assistance; the members Special thanks goes to Carolina Legal Assistance; the members of the PIJ Advisory Committee; George R. “Pete” Clary III, Public of the PIJ Advisory Committee; George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Justice Now! Justice Now! Of the People, By the People, and For the PeopleOf the People, By the People, and For the People; and, Ms. ; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Justice, for People with Developmental Disabilities, Institute on Justice, for People with Developmental Disabilities, Institute on Disabilities at Temple University. Disabilities at Temple University.

Partners in Justice dedicates this presentation to the memory of Partners in Justice dedicates this presentation to the memory of Deborah Greenblatt, Esq., a tireless advocate for people with disabilities Deborah Greenblatt, Esq., a tireless advocate for people with disabilities and charter member of the Partners in Justice Advisory Committee.and charter member of the Partners in Justice Advisory Committee.

This presentation was developed especially for North Carolina This presentation was developed especially for North Carolina by Partners in Justice, a statewide collaborative effort designed to assist by Partners in Justice, a statewide collaborative effort designed to assist individuals with cognitive disabilities who are at risk of becoming individuals with cognitive disabilities who are at risk of becoming involved in the criminal justice system. The North Carolina Council on involved in the criminal justice system. The North Carolina Council on Developmental Disabilities provided grant funding to The Arc of North Developmental Disabilities provided grant funding to The Arc of North Carolina to support the project. Many different, excellent training Carolina to support the project. Many different, excellent training materials were researched and adapted with special consideration for materials were researched and adapted with special consideration for the specific needs of the citizens of North Carolina. the specific needs of the citizens of North Carolina.

Special thanks goes to Carolina Legal Assistance; the members Special thanks goes to Carolina Legal Assistance; the members of the PIJ Advisory Committee; George R. “Pete” Clary III, Public of the PIJ Advisory Committee; George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Justice Now! Justice Now! Of the People, By the People, and For the PeopleOf the People, By the People, and For the People; and, Ms. ; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Justice, for People with Developmental Disabilities, Institute on Justice, for People with Developmental Disabilities, Institute on Disabilities at Temple University. Disabilities at Temple University.

Partners in Justice dedicates this presentation to the memory of Partners in Justice dedicates this presentation to the memory of Deborah Greenblatt, Esq., a tireless advocate for people with disabilities Deborah Greenblatt, Esq., a tireless advocate for people with disabilities and charter member of the Partners in Justice Advisory Committee.and charter member of the Partners in Justice Advisory Committee.

Page 38: Partners In Justice

For further information, contact:For further information, contact:For further information, contact:For further information, contact:

Partners in JusticePartners in JusticeThe Arc of North CarolinaThe Arc of North Carolina4200 Six Forks Road, Suite 1004200 Six Forks Road, Suite 100Raleigh, NC 27609Raleigh, NC 276091-800-662-87061-800-662-8706

Project Staff: Project Staff: Marian HartmanMarian Hartman Ann ElmoreAnn Elmore

Partners in JusticePartners in JusticeThe Arc of North CarolinaThe Arc of North Carolina4200 Six Forks Road, Suite 1004200 Six Forks Road, Suite 100Raleigh, NC 27609Raleigh, NC 276091-800-662-87061-800-662-8706

Project Staff: Project Staff: Marian HartmanMarian Hartman Ann ElmoreAnn Elmore

This project is supported by The Arc of North Carolina and the 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-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 2000.402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.