Interviewing Persons with Disabilities or Mental Illness Chapter Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-1 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-2 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Victimization of the Impaired Population Impaired adults are at a higher risk for being physically or sexually assaulted Children with disabilities are also victimized more frequently than those without disability Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-3 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 The Americans with Disabilities 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-4 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 ADA is a Legislative Mandate The Americans 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-5 Receiving citizen complaints Interrogating and interviewing Arresting, booking, and holding suspects Enforcing laws Incarceration © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-6 Examples include: An interpreter The use of an auxiliary aid such as note takers, transcript services, audio recordings, or large print materials © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Examples of Auxiliary Aids Note takers Transcript services Videotext displays Closed caption decoders Telephones compatible with hearing aids Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-7 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Police Liability Under ADA Sporadic claims against police departments for failure to train officers on handling persons with disabilities have surfaced in Federal Court Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-8 Police are expected to recognize a situation where a person has a disability © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 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 beaten 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-9 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 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 Speaking clearly Using breathalyzers Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-10 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Antisocial Personality Disorder Persons with antisocial personality disorder, typically men, can be particularly difficult to manage in a correctional setting They can often be manipulative, volatile, disruptive, and likely to engage in aggressive, impulsive “acting out” behavior which can include assaults on others, self-mutilation, and/or suicide attempts Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-28 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Borderline Personality Disorder The essential feature of the former is a pervasive pattern of disregard for, and violation of, the rights of others Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-29 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Distant Field Evaluation Distant field evaluation Nonverbal assessment conducted from a distance over feet Inappropriate dress Stumbling or appearing confused Inappropriate actions with others Appears gravely disabled Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-30 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Detailed Field Evaluation Detailed field evaluation Up close to determine if there are problems that must be addressed Show of respect and nonthreatening approach Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-31 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-32 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Legal Issues Research the statutes that are specific to protecting disabled persons in your state Elements of the crime may be different Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-33 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Protections Specific statutes exist that protect persons Having disabilities Who are mentally incapacitated Having mental disabilities Having physical disabilities Specific statutes exist that protect the property of special populations Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-34 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Prepare for the Interview Select a location that is quiet and without distractions Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-35 Turn off cell phone or pager One-on-one interview is preferred © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Communications Appropriate adult may be needed Someone who is able to provide support and smooth the progress of communication with police Facilitated communication may be needed A trained facilitator assists with a keyboard or communication board, steadying the physical movements of the person so that they can make movements Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-36 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Communication During the Interview Do not phrase questions in legal terms Do not infantilize Keep sentences short and to the point Avoid asking “why” Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-37 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 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin Avoid touching the person 9-38 May be touch toxic May feel as though they can’t refuse the touch If inappropriate touching occurs, firmly and gently avoid personal contact © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Conducting the Interview 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 Avoid asking “why” Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-39 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Interrogation Considerations 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-40 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Miranda Warnings Provide the suspect with his or her Miranda Rights which is required for all interrogations of persons in custody Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-41 There is no requirement that Miranda rights be given verbatim Explain in a manner consistent with the needs of the suspect © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 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 Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-42 Persons having mental retardation usually want to please police officers and may incriminate themselves even when innocent of any crime © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 ... provided by a public entity Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-4 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 ADA is a Legislative Mandate... cognitive, and emotional disabilities One out of every ten police calls nationally involves someone who is mentally ill Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin. .. failure to train officers on handling persons with disabilities have surfaced in Federal Court Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 9-8 Police are