interviewing persons with disabilities or mental illness chapter 9

Interviewing Persons with Disabilities or Mental Illness

Chapter 9

Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin

PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458

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.



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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.”



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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



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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



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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



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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



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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



9-9

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



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



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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



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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



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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



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Categories of Severe Mental Illness These are

highly represented in the prison population Schizophrenia Bipolar

disorder Serious

depression



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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



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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



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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.”



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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



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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?”



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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



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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



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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



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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



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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



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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



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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



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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

interviewing persons with disabilities or mental illness chapter 9

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