Criminal justice Archives - Page 4 of 10

Talk About Sexual Violence: Phase Two Final Report

October 17, 2019/in Advocate, Chapter of The Arc, Criminal Justice Professionals, Family member, Person with a disability, Service provider / DSP, Victim Services Professionals All States Criminal justice Report/by Pam Katz

After the release of videos and other materials created for the Talk About Sexual Violence project in 2017—which focused on women with intellectual/developmental disabilities (IDD) who experience sexual violence—the project team was approached by males with IDD who are survivors of sexual assault about crimes perpetrated against them. People with IDD report that many health care providers are uneducated about how to interact with patients with disabilities and don’t know about their high risk of sexual violence. The problem is exacerbated when society leads men to believe that rape and sexual assault only happen to women, when in fact men, and especially men with IDD, are victimized at alarmingly high rates.

For this reason, in 2018 Talk About Sexual Violence turned its attention to specific challenges men with disabilities experience. It is critical that health care professionals and their patients talk openly about sexual violence prevention. Talk About Sexual Violence provides tools that help create a safe place to have these conversations.

Jenkins v. Alabama

October 2, 2019/in Advocate, Chapter of The Arc, Criminal Justice Professionals, Law Enforcement/First Responders/Corrections, Legal Professionals, Nonprofit professionals, Victim Services Professionals Alabama Criminal justice Litigation/by Pam Katz

State: Alabama

Filed: September 27, 2019

Court: Eleventh Circuit Court of Appeals

Overview: The brief argued that Marc Jenkins, an individual with evidence indicating possible intellectual disability on death row in Alabama, should have the opportunity to present full evidence to prove his intellectual disability claim in an Atkins hearing.

Excerpt: “A death row inmate who claims that he has intellectual disability and therefore is exempt from execution under the Eighth Amendment, pursuant to the Supreme Court’s decision in Atkins v. Virginia, 536 U.S. 304 (2002), should have the opportunity to develop an appropriate record in support of that claim when there is evidence of impairment that could be attributable to intellectual disability. That common-sense rule is grounded in principles of due process and fundamental fairness, taking into account the way Atkins fundamentally changed the legal context of intellectual disability evidence in capital cases. It also is grounded in clinical standards regarding the diagnosis of intellectual disability, which emphasize the importance of thorough evidence-gathering and clinical judgment.”

Case Documents

Amicus Brief: Jenkins v. Alabama

Undisclosed Podcast: State v. Rocky Myers – Episode 4: Of Mice and Men

August 30, 2019/in Advocate, Chapter of The Arc, Criminal Justice Professionals, Law Enforcement/First Responders/Corrections, Legal Professionals, Nonprofit professionals, Victim Services Professionals All States Civil rights, Criminal justice Litigation, Media/by Pam Katz

Through a review of Rocky Myers’ case in Alabama and a discussion with The Arc’s legal director, this episode explores the Supreme Court’s opinion in Atkins and later decisions holding that executing people with intellectual disability violates the constitution’s ban on cruel and unusual punishment.

Prisons as Institutions: An Overview of Challenges Facing Prisoners with IDD and Proposed Solutions Under the ADA and Other Disability Rights Laws (University of Minnesota Impact Magazine, 2017)

August 30, 2019/in Advocate, Chapter of The Arc, Criminal Justice Professionals, Family member, Law Enforcement/First Responders/Corrections, Legal Professionals, Nonprofit professionals, Service provider / DSP, Victim Services Professionals All States Civil rights, Criminal justice Media/by Pam Katz

Individuals with IDD are dramatically over-represented in prisons and jails and face unique barriers. Powerful laws exist to protect them, but prisoners need accessible resources to assist them in advocating for their rights. This article explores recommendations to ensure equity for prisoners with IDD.

Using the ADA’s ‘Integration Mandate’ to Disrupt Mass Incarceration (Denver Law Review, 2019)

August 20, 2019/in Advocate, Chapter of The Arc, Criminal Justice Professionals, Family member, Law Enforcement/First Responders/Corrections, Legal Professionals, Nonprofit professionals, Service provider / DSP, Victim Services Professionals All States Civil rights, Community-based LTSS, Criminal justice Litigation/by Pam Katz

This document explores how advocates have used, and are beginning to use in new ways, the “integration mandate” of the Americans with Disabilities Act to advocate for the rights of individuals with disabilities to avoid unnecessary entanglement with the criminal justice system.

Talk About Sexual Violence: Phase One Final Report

July 24, 2019/in Advocate, Chapter of The Arc, Nonprofit professionals, Service provider / DSP, Victim Services Professionals All States Criminal justice Report/by The Arc

Talk About Sexual Violence gives healthcare professionals the basic tools they need to have a simple, direct, and honest conversation about an all too common experience faced by women with IDD – sexual violence.

Talk About Sexual Violence: Charts

July 24, 2019/in Advocate, Criminal Justice Professionals, Service provider / DSP, Victim Services Professionals All States Criminal justice Training/by The Arc

These charts can be used in tandem with our training videos and training tools (for women and for men).

Body Parts Chart: Female

English | Spanish

Body Parts Chart: Male

English | Spanish

Word Chart: Female

English | Spanish

Word Chart: Male

English | Spanish

Expressions Chart

English | Spanish

Crimes Against People with Disabilities Chart

English | Spanish

Offender Relationship Chart

English | Spanish

Talk About Sexual Violence: Phase One Training Tools

July 24, 2019/in Advocate, Service provider / DSP, Victim Services Professionals All States Criminal justice Training/by The Arc

These tools can be used in tandem with our videos “Kecia Meets with Her Doctor” and “How to Have the Conversation” to discuss sexual violence and support women who have experienced it.

Guides

To prepare health care professionals and advocates for a conversation with women who have intellectual/developmental disabilities and have experienced sexual violence.

English | Spanish

PowerPoint Slides

To be used in presentations.

English | Spanish

Conversation Tips for Health Care Providers

Tips for advocacy groups and allies to facilitate conversations.

English | Spanish

Referral Cards Template

English | Spanish