Individuals with developmental disabilities
who become involved in the criminal justice
system as victims, witnesses, or defendants are more
likely to face injustice if the system does not consider
their disabilities and capabilities.
Among current major problems:
- Fear, prejudice and lack of
understanding of people with developmental disabilities
exist and are magnified when they become involved in
a crime.
- Most attorneys, judges, law
enforcement personnel, and citizens serving on
juries lack the knowledge and skills necessary to
ensure that people with developmental disabilities obtain
justice.
- Appropriate investigations and
expert testimony to ensure adequate representation
are costly. Since most people with developmental disabilities
have limited resources, investigations
and expert testimony may not be available.
- Incarcerated (in jail or
prison) people with developmental disabilities are
particularly vulnerable to abuse and exploitation.
- There are few organized and
recognized resources for information, training,
technical assistance and referral for people with developmental disabilities
when they encounter the criminal
justice system.
- People with developmental disabilities
involved with the criminal justice system encounter
problems that are caused by their disability, such
as:
- Failing to have their
disability identified by authorities because the
individual is attempting to hide developmental disabilities;
- Giving incriminating, but
inaccurate "confessions," because the
individual wants to please or is confused or
misled by inappropriately used investigative
techniques;
- Being found incompetent to
stand trial because the individual cannot
understand the criminal justice proceeding;
- Being found incompetent and
being inappropriately placed in an institution for
a long period of time in order to "regain
competency";
- Being unable to assist their
lawyer in their own defense;
- Waiving rights unknowingly in
the face of required warnings such as Miranda;
- Being victimized by the
criminal justice system because their testimony is
not deemed credible whether as a witness, victim
or defendant.
- Tests created to determine if
people with mental illness know right from wrong
cannot and should not be applied to people with developmental disabilities.
- Statistics and other
information reflecting the involvement of
individuals with developmental disabilities as victims or
defendants in the criminal justice system are
incomplete.
The following address some of these issues:
Articles
Newspaper Articles
Web
Sites
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Education
The Individuals with Disabilities
Education Act (IDEA) provides that all children with
disabilities, including developmental disabilities, be educated
to the maximum extent appropriate with students who are
not disabled. However, problems of segregation persist.
Students with developmental disabilities may not have access to
the same academic and extracurricular programs and
services provided to other students. The curriculum may
be outdated and not based on individual needs. Young
people with developmental disabilities typically leave schools
unprepared for adult life and face unemployment,
underemployment and waiting lists for adult services.
Special education programs are
under-funded and lack sufficient, trained personnel.
Students with disabilities are usually overlooked in
educational reform movements. Federal monitoring has
historically found state and local education agencies to
be non-compliant with IDEA.
The education of students with
disabilities has been under assault on numerous fronts
by the press, school officials and the public.
Expenditures on behalf of students with disabilities are
seen as taking away resources from non-disabled
students. A small segment of our citizens oppose
providing educational opportunities to children with
severe developmental disabilities.
The following address
some of these issues:
Articles
- IDEA (Individuals with
Disabilities Act) articles:
Web Sites
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Employment
The majority of adults with developmental disabilities
are either unemployed or underemployed,
despite their ability, desire and willingness to engage in
meaningful work in the community. For those who have been
employed, many have been in sheltered settings for most of
their adult life. For some people, individualized
on-the-job supports are necessary to join the work force.
Insufficient effort and resources have been dedicated to
make these supports available to meet the need. Employment
issues such as wages, benefits, advancement, retirement,
etc., that are a natural part of the lifelong career
development process have usually not been addressed for
people with disabilities.
The following address some of these issues:
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Housing
Adequate
housing is a major issue for many Americans. Finding a
place to live that meets one's needs, is in a suitable
location and is affordable are problems for everyone.
But people with developmental disabilities face
additional problems including accessibility and
discrimination.
For many years when a family
needed services for their child with developmental disabilities,
their only option was to seek residential placement in
the only setting available -- an institution. Although
conditions may have improved in such facilities, they
have continued to demonstrate a lack of success in
providing a quality of life similar to that which is
available in the community. It is well documented that
institutional environments have many and serious adverse
effects on the individuals who live there.
Public policy has not kept pace
with the movement to community. This hinders the
development of individual and family supports and
services that allow children and adults with developmental disabilities
to thrive in their home communities. While
size alone cannot be used to measure quality, one
indicator that services may not be truly individualized
is when people with developmental disabilities are forced to
live in groups larger than average family size. It is
now clear that such supports and services can be tailored to give individuals with
developmental disabilities the
opportunity to grow and develop in their home community
regardless of the severity of their disability.
The following address
some of these issues:
Articles
- A Home
of One's Own is a Community Integration Report
on home ownership by people with developmental disabilities
- Making
a Move is an article with advice from People First
members about helping people move out of institutions
and nursing homes
Web Sites
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Institutions
For
many years when a family needed services for their child
with mental retardation, their only option was to seek
residential placement in the only setting available --
an institution. Although conditions may have improved in
such facilities, they have continued to demonstrate a
lack of success in providing a quality of life similar
to that which is available in the community. It is well
documented that institutional environments have many and
serious adverse effects on the individuals who live
there. People First supports the closing of
institutions.
The
following address some of these issues.
Articles
Web Sites
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Labeling
Labeling is an
ongoing issue for People First members. The
underlying principle of People First is that
developmentally disabled people want to be known as
people first and not defined by their disabilities. "We
want others to know that we are people first,
and our disabilities come second" If the label
comes before the person then a large part of who that
person is has already been defined.
People with developmental
disabilities are labeled by their families and by the
communities they live in but they are also labeled by
the support systems that are suppose to serve
them. Despite clear indications from People First
and other self-advocacy groups that the words mental
retardation should be "retired," support
professionals and agencies that oversee support systems
continue to use the term.
The official explanation
is that it is impossible to provide the necessary
assistance to people who need it, without defining who
is eligible (i.e., creating a label). By its very nature
service provision hangs onto labels in order to know
where to best put resources. The dilemma of dropping all
labels and still accurately describing who can receive
supports through State agencies is an ongoing debate and
still not solved. But there is a clear mandate from the
people who receive these services and supports that
people—not labels—must always come first.
The following
address some of these issues:
Articles
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Medical
and Dental
People with developmental disabilities
have frequently been
denied access to appropriate medical and dental
treatment due to their disability. There are health care
professionals who refuse to serve individuals with developmental disabilities. Examples include withholding
life-saving surgery, denying organ transplants and
refusing to treat burn victims.
People with developmental disabilities
sometimes die because
doctors, parents and other decision-makers impose
do-not-resuscitate orders or refuse to authorize medical
treatment or provide food and/or water. These decisions
are often based on the disability itself, on the
perceived "poor quality of life" of the
individual or for economic reasons, rather than on the
individual's medical condition.
There is often a reluctance to provide medical and
dental treatment due to a lack of knowledge and
understanding of best practices in treating people with developmental disabilities. Providing medical and dental
treatment is further complicated by inadequate, uneven
and arbitrary rates of reimbursement through Medicaid
and private insurance companies.
The following address
some of these issues:
Articles
Newspaper Articles
Web Sites
Additional articles on medical
issues and aging can be found in the Aging
section
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Personal
Isolation and Lack of Social Activities
People with developmental disabilities
must have the opportunity to participate in the same
recreation and leisure activities that are available to
all citizens. Currently too many opportunities are
limited to segregated activities. With the passage of
the Americans with Disabilities Act, community
recreation programs have begun responding to the needs
of people with disabilities to have access to inclusive
recreational opportunities.
However, many people with developmental disabilities
are not aware of these opportunities
and how to obtain access to them. In addition, many
recreation professionals continue to lack basic
understanding of developmental disabilities and the strategies
and techniques for including these individuals in
recreation and leisure programs.
Furthermore, lack of
understanding and acceptance of people with developmental disabilities
by the general public, and particularly by
non-disabled participants in community recreation and
leisure activities is a major barrier to successful
inclusive recreation.
The following address
some of these issues:
Articles
Newspaper Articles
Web
Sites
- People
and Places is
a non-profit organization that provides year-round
vacation opportunities for people with developmental
disabilities. Contact them for information and
a brochure of their trips.
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Supports
and Services
Children
and adults with mental retardation must
have access to services and resources
that are available to all other
citizens. Finding, obtaining and
coordinating these services and
resources to meet the entire range of
personal needs and preferences necessary
to assure quality of life in the
community is not an easy task.
The
lack of community services and supports
cause huge problems. Disabilities can
become more severe; learning can be
delayed; individuals can become more
dependent and isolated; skills,
self-esteem and productivity can
decrease; families can be severely
strained, and some parents are afraid to
die because no one else will take care
of their sons and daughters.
The following
address
some of these issues:
Articles
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Transportation
As time
passes, choices in transportation methods increase for
individuals with disabilities. Drivers with disabilities
can rent cars and vans with hand controls and wheelchair
lifts. The workforces of people with disabilities have
options for their commute. Fixed route systems, para
transit, and commuter system are more accessible
today than ever. Travelers with disabilities can choose
planes, trains, and automobiles in deciding the
preferred mode for business or pleasure.
Even though
there are more opportunities today, it does not mean
that the various methods of travel do not need
improving. Strong vigilance and active participation in
transportation systems are needed in order to improve
and expand transportation opportunities for individuals
with disabilities.
The following address
some of these issues:
Articles
Standing in the Cold:
Mobility and the Mentally Challenged is an article by the Alliance for
Transportation Research on the need to provide assessment
and public participation to enhance mobility for the developmentally
disabled.