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The Arc Brings Disability Perspective to Police-Led Hate Crimes Advisory Committee

Hate Crimes Panel Group

Leigh Ann Davis, Chief Will Johnson with Arlington Police Department (TX), Peter Berns, Ariel Simms

Since 2013, The Arc’s National Center on Criminal Justice and Disability® (NCCJD®) has served as a bridge between the disability and law enforcement communities, and is the first-of-its-kind national clearinghouse for information and training on the topic of people with IDD as victims, witnesses, suspects and incarcerated persons. The Arc’s work to elevate these issues led to the opportunity to attend and present at the 2017 International Association of Chiefs of Police (IACP) national convention in Philadelphia, Pennsylvania. While at the conference, staff, including CEO of The Arc Peter Berns, participated in the initial “Enhancing the Response to Hate Crimes” Advisory Committee meeting co-hosted by IACP and the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee). In attendance were law enforcement and civil rights leaders, such as The Anti-Defamation League; the Baltimore Police Department; The Leadership Conference on Civil and Human Rights, and many others from across the country who met to develop an achievable action agenda to improve the criminal justice system’s response to hate crimes. According to the FBI, 1.2% of hate crime victims were targeted because of disability in 2015. Many disability advocates find this statistic misleadingly low, as individuals with IDD frequently cite barriers to reporting crimes committed against them. In 2015, NCCJD explored these barriers and potential solutions in its white paper, Violence, Abuse and Bullying Affecting People with Intellectual/Developmental Disabilities: A Call to Action for the Criminal Justice Community.

“We are proud to lead a committee of such outstanding leaders who are coming together to invest their time and effort into breaking down barriers and strengthening the relationship between law enforcement and the communities that are too often the targets of hate crimes,” said Lawyers’ Committee President and Executive Director Kristen Clarke.

Hate Crime Advisory Panel

The Arc’s NCCJD staff presented with Chief Will Johnson and Melissa Bradley with DOJ’s COPS Office on applying procedural justice to situations involving people with disabilities

At this first in a series of four meetings, members began to develop key principles for improving the response to hate crimes. The committee also discussed the many legal, economic, emotional, social, and safety issues that arise in the wake of hate incidents and hate crimes, as well as proposed recommendations on appropriate responses.

Subsequent meetings will continue to solicit input from additional law enforcement and civil rights leaders as well as community members targeted for hate crimes. The committee will use this input to craft an action agenda for community and law enforcement leaders, which will ultimately improve the safety of communities targeted by hate. The Arc is thrilled to participate in this important work, as the organization continually strives to raise awareness among law enforcement and other agencies about the high rate of victimization in the disability community (for more information about training for criminal justice professionals see www.nccjdpathwaystojustice.org). Furthermore, The Arc’s National Center on Criminal Justice & Disability works to ensure that any reporting efforts related to hate crimes (and other crimes) include effective outreach methods for people with IDD who remain traditionally underserved and overlooked in today’s criminal justice system.

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The Arc Responds to Execution of Ledell Lee in Arkansas: “A Dark Day for Justice”

Washington, DC – On April 20, the state of Arkansas carried out the execution of Ledell Lee, ignoring the pleas of advocates and legal experts across the country. The Arc had urged Arkansas Governor Asa Hutchinson to commute this death sentence pending a full clinical evaluation to determine whether Mr. Lee had intellectual disability (ID). Following his execution, The Arc released the following statement:

“Today is a dark day for justice not just in Arkansas but across the country. The execution of Ledell Lee betrays the values of our legal system. If an evaluation of Mr. Lee had shown that he had intellectual disability, he would have been granted the protections of Atkins v. Virginia and subsequent Supreme Court decisions – protections that prohibited the use of the death penalty. Governor Hutchinson ignored the advice of legal experts across the country and Mr. Lee’s trial lawyers failed to properly investigate whether he had intellectual disability. These actions combined led to a gross miscarriage of justice that we will not soon forget,” said Peter Berns, CEO of The Arc.

In a letter to the Governor, The Arc noted that the evidence presented by the neuropsychological expert in this case supports the conclusion that if Mr. Lee underwent a full evaluation, he would likely have met the three prongs of an ID diagnosis.

This evaluation was vital in this case because in its 2002 decision in Atkins v. Virginia, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with ID and banned the execution of persons with ID as cruel and unusual punishment under the Eighth Amendment. Subsequently, in Hall v. Florida (2014), the Court rejected an arbitrary cutoff for IQ scores in making the intellectual disability determination and emphasized the importance of courts consulting clinical standards in their analysis. Most recently, in Moore v. Texas (2017), the Court rejected Texas’ use of stereotypical and outdated factors—rather than well-established clinical standards—to determine intellectual disability in death penalty cases on the grounds that they “create an unacceptable risk that persons with intellectual disability will be executed.”

The Arc has deep sympathy for the family and friends of the victim in this case, and we supported appropriate punishment of all responsible parties. The Arc did not seek to eliminate punishment of Mr. Ledell or others with disabilities, but rather, to ensure that justice is served and the rights of all parties are protected. The Arc is committed to seeking lawful outcomes for people with ID and will continue working to ensure that the U.S. Supreme Court rulings on this issue are abided by in jurisdictions across the country.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc Applauds Supreme Court’s Decisive Rejection of Texas’ “Wholly Nonclinical,” “Outlier” Standards in Determining Intellectual Disability

By: Shira Wakschlag, Director of Legal Advocacy & Associate General Counsel; Ariel Simms, Criminal Justice Attorney Fellow

In decisively rejecting these “Briseno factors,” the Court embraces the standards-based approach in determining intellectual disability for which The Arc has long advocated. When it comes to matters of life and death, there is simply no room for courts to ground their determinations of intellectual disability in outmoded and baseless stereotypes.

On Tuesday, in the third decision in favor of people with disabilities in the Supreme Court this term, the Court issued a 5-3 decision authored by Justice Ruth Bader Ginsburg in the death penalty case Moore v. Texas. The opinion rejects Texas’ use of stereotypical and outdated factors—rather than well-established clinical standards—to determine intellectual disability in death penalty cases on the grounds that they “create an unacceptable risk that persons with intellectual disability will be executed.” This is a major victory in protecting the rights of individuals with intellectual disability in the criminal justice system and in fulfilling the promise of two Supreme Court cases setting the standard that execution of people with intellectual disability is unconstitutional (Hall v. Florida (2014) and Atkins v. Virginia (2002)).

In Atkins, the Court held that executing defendants with intellectual disability violated the Eighth Amendment’s ban on cruel and unusual punishment. Subsequently, in Hall, the Court rejected an arbitrary cutoff for IQ scores in making the intellectual disability determination and emphasized the importance of courts consulting clinical standards in their analysis. While the Court’s prohibition of the execution of defendants with intellectual disability could not be clearer, some states continue to define intellectual disability in a manner that significantly deviates from clinical standards, resulting in a miscarriage of justice for many defendants.

In this case, Bobby Moore, was convicted of killing a store clerk at the age of 20 in a botched robbery along with two accomplices. He was sentenced to death and challenged that sentence on the grounds of intellectual disability. In 2014, a state habeas court ruled that Moore did meet the criteria for intellectual disability and recommended that the Texas Court of Criminal Appeals (CCA) reduce Moore’s sentence to life in prison or grant him a new trial on the intellectual disability claim. On appeal, however, the CCA ruled that Moore did not meet the criteria for intellectual disability, finding that the lower court had failed to apply the seven-factor test laid out in an earlier Texas opinion, Ex Parte Briseno. The “Briseno factors” rely on stereotypes—rather than clinical definitions—through “the consensus of Texas citizens” in defining intellectual disability and are partly based on the character of Lennie in John Steinbeck’s Of Mice and Men. Using these factors, the CCA found that, among other things, Moore’s ability to live on the streets, mow lawns, and play pool for money precluded a finding of intellectual disability and disregarded several IQ tests Moore had taken with scores in the intellectual disability range.

Decisively rejecting this ruling and referring to the Briseno factors as “wholly nonclinical” and an “invention of the CCA untied to any acknowledged source,” the Supreme Court held unanimously that such factors are impermissible to use in defining intellectual disability in death penalty cases. The Court noted that the Briseno factors were an “outlier” and that Texas did not employ this unscientific approach in determining intellectual disability in any legal issues other than the death penalty: “Texas cannot satisfactorily explain why it applies current medical standards for diagnosing intellectual disability in other contexts, yet clings to superseded standards when an individual’s life is at stake.”

Even Justices who disagreed with other aspects of the ruling (Chief Justice John Roberts, Justice Samuel Alito, and Justice Clarence Thomas) agreed that the Briseno factors “are an unacceptable method of enforcing the guarantee of Atkins.” They disagreed that the CCA had erred in its determination of Moore’s intellectual functioning. The dissent criticized the majority opinion for its reliance on clinical standards as opposed to legal interpretation and precedent, noting: “clinicians, not judges, should determine clinical standards; and judges, not clinicians, should determine the content of the Eighth Amendment. Today’s opinion confuses those roles.”

With the American Association on Intellectual and Developmental Disabilities, The Arc filed an amicus brief in August 2016 in support of Moore and The Arc’s attorneys attended oral arguments at the Court in November 2016. The brief, cited in the Court’s opinion, argued that the state of Texas had distorted the clinical definition of intellectual disability by devising a formula of exclusionary factors that rested heavily on stereotypes and the mistaken notion that an ability to do things like engage in relationships, work, and live in the community precluded a finding of intellectual disability based on simultaneous limitations or challenges. Specifically, the brief noted that the “basic framework of the clinical definition is the constitutionally required standard for determining whether a defendant has intellectual disability.” Jim Ellis, a Distinguished Professor at the University of New Mexico School of Law who represented The Arc in this case said: “The Arc of the United States and its state chapters have played a vital role in protecting the rights of people with intellectual disability” in death penalty cases.

In decisively rejecting these “Briseno factors,” the Court embraces the standards-based approach in determining intellectual disability for which The Arc has long advocated. When it comes to matters of life and death, there is simply no room for courts to ground their determinations of intellectual disability in outmoded and baseless stereotypes.

The Arc has deep sympathy for the family and friends of the victim in this case, and we support appropriate punishment of all responsible parties. The Arc does not seek to eliminate punishment of Mr. Moore or others with disabilities, but rather, to ensure that justice is served and the rights of all parties are protected. The Arc is committed to seeking lawful outcomes for people with intellectual disability and will continue working to ensure that the U.S. Supreme Court rulings on this issue are abided by in jurisdictions across the country.

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The Arc on Commutation for Death Row Inmate Abelardo Arboleda Ortiz in Final Days of Obama’s Presidency

Washington, DC – The Arc commends President Obama for commuting Abelardo Arboleda Ortiz’s sentence from death to life in prison without the possibility of parole. Mr. Ortiz’s diagnosis of intellectual disability should have ruled out the death penalty per a 2002 Supreme Court ruling, Atkins v. Virginia. While the Court’s prohibition of the execution of defendants with intellectual disability could not be clearer, many states continue to define intellectual disability in a manner that significantly deviates from clinical standards, resulting in inconsistent application of Atkins and a miscarriage of justice for many defendants.

“With this decision, President Obama not only ensured justice for an individual with intellectual disability, he also affirmed the Supreme Court’s Atkins v. Virginia and Hall v. Florida rulings. We thank him for ensuring that justice was finally served in this case.

“Sadly, this is one of many cases where an individual with intellectual disability was wrongly being sentenced to death despite the protections promised by the Supreme Court. We have much work to do to ensure access to justice is accessible for all citizens. The Arc remains committed to ensuring the rights of people with intellectual and developmental disabilities, and we will continue our legal advocacy work to make sure that the Supreme Court ruling on this issue is followed in jurisdictions across the country,” said Marty Ford, The Arc’s Senior Executive Officer of Public Policy.

The Arc has been involved in this case for years, having filed two amicus briefs in support of Mr. Ortiz, the first in 2010 in support of his appeal before the Eighth Circuit Court of Appeals and the second in 2015 in support of his petition for writ of certiorari (request for review of the lower court’s decision) before the United States Supreme Court. Most recently, in December 2016, The Arc submitted a clemency letter to President Obama requesting the commutation of Mr. Ortiz’s sentence.

“In this case, the pursuit of justice was a team effort, and The Arc was a leading player. At every step of the way, from the circuit court to the Supreme Court, The Arc had Mr. Ortiz’s back, pitching in to draft a key amicus brief and fighting for his rights in support of our legal team. This is the right decision not only for Mr. Ortiz, but for the future of legal advocacy for people with intellectual and developmental disabilities,” said Amy Gershenfeld Donnella, attorney for Mr. Ortiz.

Read more about this case on The Arc’s blog.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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Justice for Abelardo Arboleda Ortiz in Final Days of a Presidency

By Shira Wakschlag | Director, Legal Advocacy & Associate General Counsel for The Arc

“In this case, the pursuit of justice was a team effort, and The Arc was a leading player. At every step of the way, from the circuit court to the Supreme Court, The Arc had Mr. Ortiz’s back, pitching in to draft a key amicus brief and fighting for his rights in support of our legal team. This is a win for not only Mr. Ortiz, but for the future of legal advocacy for people with intellectual and developmental disabilities,” said Amy Gershenfeld Donnella, attorney for Mr. Ortiz.

The Arc is thrilled to announce that President Obama has commuted the sentence of Abelardo Arboleda Ortiz—an individual with intellectual disability—from death to life in prison without the possibility of parole.

The Arc has been involved in this case for years, having filed two amicus briefs in support of Mr. Ortiz, the first in 2010 in support of his appeal before the Eighth Circuit Court of Appeals and the second in 2015 in support of his petition for writ of certiorari (request for review of the lower court’s decision) before the United States Supreme Court. Most recently, in December 2016, The Arc submitted a clemency letter to President Obama requesting the commutation of Mr. Ortiz’s sentence.

In the brief before the U.S. Supreme Court, The Arc argued that:

In implementing this Court’s decisions in Atkins and Hall, both judges and clinicians must carefully evaluate whether a defendant satisfies the clinical definition of intellectual disability according to the consensus of the scientific community…In finding that Mr. Ortiz is not an individual with intellectual disability, the district court mistakenly relied on irrelevant testimony regarding Mr. Ortiz’s adaptive strengths rather than relevant testimony regarding his adaptive deficits, thereby rejecting the scientific community’s well-established guidelines governing intellectual disability. Broad acceptance of the district court’s mistaken reasoning would deprive individuals with intellectual disability of the protections and supports to which they are entitled under state and federal law and the U.S. Constitution.

This is a major victory in protecting the rights of individuals with intellectual disability in the criminal justice system and in fulfilling the promise of Hall v. Florida and Atkins v. Virginia. In Atkins, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability and banned their execution as cruel and unusual punishment under the Eighth Amendment. In its more recent 2014 Hall decision, the Court reinforced its earlier decision that people with intellectual disability not be executed, requiring that consideration of evidence beyond IQ tests be taken into account when determining intellectual disability. While the Court’s prohibition of the execution of defendants with intellectual disability could not be clearer, many states continue to define intellectual disability in a manner that significantly deviates from clinical standards, resulting in inconsistent application of Hall and Atkins and a miscarriage of justice for many defendants.

The Arc has deep sympathy for the family and friends of the victim in this case, and we support appropriate punishment of all responsible parties. The Arc does not seek to eliminate punishment of Mr. Ortiz or others with disabilities, but rather, to ensure that justice is served and the rights of all parties are protected. The Arc is committed to seeking lawful outcomes for people with intellectual disability and will continue working to ensure that the U.S. Supreme Court rulings on this issue are abided by in jurisdictions across the country.

Learn more about The Arc’s legal advocacy work on behalf of people with intellectual and developmental disabilities.

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The Arc’s Statement on the Shooting of Unarmed Caregiver in Florida

Washington, DC – The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (IDD) and their families, released the following statement on the news that Charles Kinsey, a caregiver (commonly known as direct support professional) for people with disabilities, was shot while supporting a young man with autism:

“Earlier this week Charles Kinsey, a direct support professional for individuals with developmental disabilities, was shot in a situation that needlessly escalated. Individuals like Charles play an invaluable role in the lives of those they support. It isn’t uncommon for their clients to see them as extended family and often direct support professionals put the wellbeing of those they are supporting ahead of their own, as was the case in this situation.

“While all the details of this incident have not been released, this case highlights a growing issue in our nation – the lack of training for law enforcement on how to safely and effectively interact with people with intellectual and developmental disabilities. From Ethan Saylor to Neli Latson and now Charles Kinsey, we continue to see how lack of training on supporting individuals with disabilities can pose a threat to the safety of our extended community. The fact of the matter is this incident was preventable. Collaboration between law enforcement and the disability community is the key to preventing future cases like this. We welcome the opportunity to work with law enforcement to help improve our criminal justice system and prevent future tragedy and injustice,” said Peter Berns, CEO of The Arc.

“While staff are sometimes injured performing their job duties, we do not see them injured by law enforcement who so often answer our calls for assistance in our work. While we do not yet know all of the facts, it appears that Mr. Kinsey, like so many staff working with persons with disabilities would do, tried to protect the person he was charged with caring for. We hope for a full and speedy recovery for Mr. Kinsey,” said Deborah Linton, CEO, The Arc of Florida

The Arc’s National Center for Criminal Justice and Disability® was established in 2013 to address situations like this, and the critical need for effective, evidence-based training for law enforcement and others in the criminal justice system. Funded by the Bureau of Justice Assistance, The Center created Pathways to Justice,™ a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. This innovative training emphasizes a shift in thinking away from “crisis intervention” alone, to “crisis prevention” which promotes a problem-solving attitude among officers and helps them to define what is truly a crisis, and what is not. Piloted in five states to date, the training is being rolled out in six additional states in 2017.

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What Should Everyone Know About Abuse?

By Nora J. Baladerian, Ph.D.

As I thought about writing this blog, I wondered, “what do I wish that everyone could know about abuse?” My first thought was I would want everyone who is a person with intellectual or developmental disabilities (IDD) or their loved one, to know that abuse can happen to anyone… everyone. Having a disability is not a protection. Many parents and teachers have told me, “well, no one would abuse my child/the children I teach… because they have disabilities.” Their belief blinds them to the reality that abuse not only does happen to kids and adults with disabilities, but in fact it happens more to people with than without disabilities.

The most recent surveys confirm this. In February 2014, the National Crime Victim Survey noted that among those between ages 12-15, those with disabilities were victimized three times more than their non-disabled peers. The 2012 National Survey on Abuse and Disability (7,289 responses) found that 70% respondents with disabilities reported abuse in their lifetimes. And, of these, 90% said that it happened multiple times, and 46% said it happened too many times to count.

Of course it is important to study the problem of abuse to know the extent of the problem. Then it is time to take the next step: Help the survivors, and make efforts to reduce the risk of abuse. This means, make plans to reduce the risk that abuse will happen to each child and adult with a disability. It also means to make sure that each crime victim receives the psychological support they will need. Finally, it means that the criminal justice system should be available to individuals with disabilities… which it is not now.

The 2012 National Survey showed that nearly half of crime victims did not report the abuse, and of these most did not report, believing that their report would not result in any legal action against the perpetrator. Those who reported the crimes, 54% found that their reports did not result in any legal action. This shows that the fears of those not reporting were well-founded. And, this points us in a direction for reform. What can be done to ensure equal justice is available for crime victims with disabilities?

I believe these findings give us the information needed to design a plan of action. A written plan of action has been in place at least since 1997, when the California Think Tank on Abuse and Disability convened in Los Angeles, CA and created a plan for the state. Perhaps now, these ideas can become reality. The most essential pieces of the plan include:

  1. Give every parent/careprovider/conservator a copy of the “Ten Tips on Abuse & Disability” to learn that abuse does happen, and the steps to take if it does. If parents and careproviders do not believe it happens or can happen, they will not protect their children nor be aware of what they should do and say when abuse is revealed to them. Parents are taught many things, but this essential area is ignored. ENOUGH! Every physician, psychologist (or other mental health practitioners), disability services agency, school, etc. should make sure that parents are aware and ready to protect their child. By simply handing them the “Ten Tips,” a one page guide, the parents’ have been given their first step: awareness, information, and resources.
  2. Every agency/organization providing services to crime victims and/or people with disabilities should receive an annual one-day training on abuse issues: incidence and prevalence, perpetrator information, risk-reduction strategies and support for survivors.
  3. Every law enforcement professional (patrol, detective, investigator, captain; prosecutor, judge, etc.) should receive at least one day of training each year on the aspects of interacting with individuals with disabilities, conducting a thorough investigation, knowledge on specialized interviewing skills, and in particular familiarization with the daily life of individuals with disabilities and the programs/ individuals who serve them. Budgets for training have always been identified as a barrier, but another is the interest level and commitment of those in charge of training. We have to continue to knock at the doors of agencies, until such training is a standard part of their training package.
  4. Every medical professional working with people with disabilities (that’s all of them, I think!) and mental health professional should be required to have at least one day training on working effectively with people with disabilities, with a particular awareness of the role abuse plays in their lives. Specialized therapies for crime victims with disabilities should be a part of the training of all trauma specialists and crisis and disaster responders.
  5. Most importantly, all individuals with disabilities should be provided information about abuse, maltreatment and assault. They should be able to understand what it is. They should have a plan designed for them or with them by their parents/carers, so they know what is happening if an assault happens, what to do before, during and after. The parents and carers should also receive education, information and training on what they should do before and after their loved one experiences violence.

I believe that it is my duty, and that of others, to do what we can within our scope of work and life, to ensure the well being of individuals with disabilities. I don’t know why I believe that, exactly, but it has turned out that that is my life’s work. I do not say that should be everyone’s work!!! But, I think that within each of our job duties, there is something we can do to be a part of the solution.

The Arc of the US, and the Disability and Abuse Project, among others, have committed to develop resources that are easily accessible. Visiting their sites monthly would be a good idea to stay up to date on availability of resources.

References:

U. S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, (2012) NCJ240299 Crimes Against Persons with Disabilities,2009-2012. Statistics Tables. Retrieved on 2/26/14 from https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4884

Baladerian, N., Coleman, T., Stream, J., (2013) Abuse of People with Disabilities Victims and Their Families Speak Out: A Report on the 2012 National Survey on Abuse of People with Disabilities, retrieved on 4/1/14 from https://www.disabilityandabuse.org/survey

Baladerian, N., (2014) from A Risk Reduction Workbook for Parents and Service Providers, Spectrum Institute. Retrieved on 4/4/14 from https://www.disabilityandabuse.org/resources/ten-point-guide-to-abuse-response.pdf

Dr. Nora Baladerian is the Director of the Disability, Abuse and Personal Rights Project in Los Angeles, CA; she has worked in the area of abuse of people with disabilities since 1972. She is a former Board Member of the National Committee to Prevent Elder Abuse and Advisory Board Member of the American Bar Association’s Council on Victims. Dr. Baladerian is a Licensed Clinical Psychologist, Licensed Marriage and Family Therapist, Certified Sex Therapist and Board Certified Crisis Responder. She is the Project Coordinator for the Disability and Abuse Project of Spectrum Institute, and from 2000-2006 the Director of the CAN Do! Project, Child Abuse & Neglect Disability Outreach at Arc Riverside.

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The Arc Reacts to Startling New Bureau of Justice Statistics on Crimes Against People With Cognitive and Other Disabilities

This week, The Bureau of Justice Statistics (BJS) released a report on Crime Against Persons with Disabilities, 2009–2012 – Statistical Tables. Disabilities are classified according to six limitations: hearing, vision, cognitive, ambulatory, self-care, and independent living. Among persons with disabilities, those with cognitive disabilities experienced the highest rate of violent victimization (63 per 1,000). Violent crime against persons with disabilities was nearly three times higher than the rate for persons without disabilities. The rate of serious violent crime—rape or other sexual assault, robbery and aggravated assault—against persons with disabilities was nearly four times higher than that for persons without disabilities in 2012.

The Arc, which is running the new National Center on Criminal Justice and Disability with a grant from the U.S. Department of Justice, Bureau of Justice Assistance, released the following statement on the data:

“This startling data illustrates what we are hearing from self-advocates, parents, caregivers, and others within our chapter network and the disability community – people with intellectual and developmental disabilities are at particular risk of being victims of crimes of all kinds. It’s a serious problem that we must no longer ignore or treat as a peripheral issue. In order to effectively address this silent epidemic of unaddressed abuse and victimization among people with disabilities in the U.S., we must have support from all levels of the community – disability advocates, law enforcement, victim advocates, legal professionals, elected leaders, community advocates, and people with disabilities themselves who know all too well the trauma of victimization and the devastation of receiving little or no support.

“The Arc’s new Center on Criminal Justice and Disability aims to be a comprehensive resource to help turn these statistics around so that people with disabilities can lead safer lives in their community and access support and begin to heal when victimization occurs,” said Peter Berns, CEO of The Arc.

The Arc’s new National Center on Criminal Justice and Disability is the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (IDD) under one roof.

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The Arc Launches New National Resource Center on Justice and Intellectual and Developmental Disabilities

Office of Justice Programs SealWashington, DC – The Arc is pleased to announce it has been awarded a two-year grant for $400,000 by the U.S. Department of Justice, Bureau of Justice Assistance (BJA) to develop a national center on justice and intellectual and developmental disabilities (IDD). This is the first national effort of its kind to bring together both victim and offender issues involving people with IDD under one roof. According to the National Crime Victim Survey of 2010, the victimization rate is twice as high for individuals with disabilities as compared to those without disabilities. And we don’t have to look far for examples where law enforcement and people with IDD could have benefited from this kind of work, including the tragic death of Robert Ethan Saylor in Frederick, Maryland, who died earlier this year after three off-duty deputies attempted to remove him from a movie theater over a misunderstanding over a ticket.

The goal of this project is to create a national clearinghouse for research, information, evaluation, training and technical assistance for justice and disability professionals and other advocates that will build their capacity to better identify and meet the needs of people with IDD, whose disability often goes unrecognized, and who are overrepresented in the nation’s criminal justice system – both as victims and offenders.

“When individuals with IDD become involved in the criminal justice system as suspects or victims, they often face miscommunication, fear, confusion and prejudice. This new center will play a critical role in improving first response and communication between people with IDD and the justice system. No similar center on this topic exists, nor are there sufficient resources to address the gap in expertise in the field, and so this effort is long overdue,” said Peter Berns, CEO of The Arc.

The Arc will work closely with several other national partners within the criminal justice, legal and victim advocacy communities to research, analyze and replicate evidence-based solutions to the problems of injustice and victimization that have gone on for far too long within the IDD community. For example, people with IDD are often unable to report crimes or are not seen as credible witnesses. They are also vulnerable to becoming perpetrators of crime, including sex offenses, and used by other criminals to assist in law-breaking activities. And with many forms of mild IDD not being easily identifiable, justice personnel may not recognize that someone has a disability or know how to work effectively with the individual. Although organized training is available for criminal justice professionals on mental illness, few resources on IDD exist. Many law enforcement and other justice professionals do not know the difference between mental illness and IDD and often think they are synonymous.

“When our chapters work with their local law enforcement agencies, they hear time and time again that training is provided for mental health issues, yet that doesn’t encompass millions of people with IDD living in our communities. Through this grant, The Arc’s center will become a national focal point for the collection and dissemination of resources and serve as a bridge between the justice and disability communities,” said Berns.

The center will consist of a resource library, directories of expert witnesses, attorneys, forensic interviewers, and victim advocates, a database of relevant state laws, and hands-on technical assistance and training. Additionally, The Arc will create a Justice and IDD Certification program using training curriculum authored by Leigh Ann Davis, M.S.S.W., M.P.A., and hold five trainings around the country and web-based trainings.

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Shining a Light on Violence Against People With Disabilities

On any given day in the United States, someone with an intellectual disability becomes the next victim of violence, and usually without much notice. This month, for example, a house manager at a group home for adults with intellectual disabilities in Maryland was charged with multiple counts of assault and reckless endangerment for physically abusing a resident. No one would’ve ever known, except the assault surfaced in a YouTube video providing clear evidence of the crime. And, one ESPN producer reached out to The Arc and other disability organizations recently about a story involving a coach accused of sexually assaulting a 15-year old participating in Special Olympics. Upon further research into the issue, the producer was so alarmed by the sheer number of people with disabilities who are sexually assaulted that they requested others to speak out in an effort to expand their report.

To the shock and disbelief of many, these disturbing instances of violence are commonplace in the lives of people with disabilities. The National Crime Victim Survey reveals that people with disabilities are twice as likely to become victims of crime compared to those without disabilities. Even more alarming, people with intellectual disabilities are more likely to be victimized compared to those with other types of disabilities (such as physical disabilities). The Arc receives calls from all over the country – from concerned family members, friends and people with disabilities themselves – seeking help and answers. They often need to know what to do next, where to get legal assistance, how to help an attorney understand intellectual disability, and how to find a qualified counselor to work through the trauma of victimization. Traditionally, victim advocates and disability advocates have not shared expertise and resources to address this issue, but that has slowly been changing over the past few years, creating more opportunities for victims with intellectual disabilities to obtain much-needed services and supports.

April is Sexual Assault Awareness month and this week, April 21-27, is Crime Victim’s Rights Week. It’s a perfect time for chapters of The Arc, other service providers and advocates to reach out to their local victim assistance agencies alerting them to the high risk of violence and victimization that people with intellectual disabilities face throughout their lives. The Office for Victims of Crime created a guide in 2012 for states wanting to take a team approach, bringing together law enforcement, prosecutors, adult protective, human services and self-advocates, to ensure equal access to the criminal justice system for people with disabilities. And The Arc offers fact sheets on a wide variety of topics including the Abuse of Children with Intellectual Disabilities and People with Intellectual Disabilities and Sexual Violence.