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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.
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-3
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.”
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-4
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-5
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-6
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-7
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-8
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-10
Disability may be defined through a variety of cognitive and communication disabilities
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-11
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-12
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-13
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-14
Categories of Severe Mental Illness These are
highly represented in the prison population Schizophrenia Bipolar
disorder Serious
depression
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-15
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-16
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-17
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.”
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-18
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-19
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?”
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-20
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 InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-21
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-22
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-23
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-24
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-25
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-26
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
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
9-27
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