Ortiz v. United States

/in , , , , , , /by The Arc

State: Missouri

Filed: 2010

Court: U.S. Supreme Court, U.S. Court of Appeals for the Eighth Circuit

Overview: The briefs before the Eighth Circuit and the U.S. Supreme Court, argued that the Courts must consider the consensus of the scientific community that only Mr. Ortiz’s adaptive deficits and not his adaptive strengths are relevant to an intellectual disability determination. The Arc also submitted a clemency letter to President Barack Obama requesting the commutation of Mr. Ortiz’s sentence.

Excerpt: “Like everyone else, individuals with intellectual disability differ substantially from one another. For each person with intellectual disability there will be things he or she cannot do but also many things he or she can do. Because the mixture of skill strengths and skill deficits varies widely among persons with intellectual disability, there is no clinically accepted list of common, ordinary strengths or abilities that preclude a diagnosis of intellectual disability. Thus, in assessing an individual’s adaptive behavior—the aspect of intellectual disability at issue in this case—the focus must be on deficits. Adaptive strengths are irrelevant to this analysis…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.”

Case Documents

Eighth Circuit Brief

U.S. Supreme Court Brief

Clemency Letter

Related Media

Press Release: “Justice For Abelardo Arboleda Ortiz In the Final Days of a Presidency”

Press Release: “The Arc on Commutation for Death Row Inmate Abelardo Arboleda Ortiz In the Final Days of Obama’s Presidency”

Lizcano v. Texas

/in , , , , , , /by The Arc

State: Texas

Filed: 2015

Court: U.S. Supreme Court

Overview: The brief argued that Texas’ use of the Briseno factors to determine intellectual disability in death penalty cases was unconstitutional because they are based on stereotypes rather than well-established clinical standards.

Excerpt: “In implementing this Court’s decision in Atkins v. Virginia, Texas has essentially replaced the clinical definition’s carefully crafted requirements with a formula of its own devising, one that rests heavily on stereotypes about people with intellectual disability. This approach is inconsistent with accepted clinical standards.”

Case Documents

Amicus Brief: Lizcano v. Texas

City and County of San Francisco v. Sheehan

/in , , , , , , , /by The Arc

State: California

Filed: 2015

Court: U.S. Supreme Court

Overview: The brief argued that a woman with mental illness who was shot five times by police at her group home while experiencing a mental health crisis could sue the city of San Francisco under Title II of the ADA for failure to provide her with reasonable accommodations in the process of arresting her.

Excerpt: “It is critical to the lives of persons with many types of disabilities that police departments adopt and implement policies and practices that take disability into account during police interactions. Approximately half of all fatal police interactions involve persons with psychiatric disabilities…Title II of the ADA requires nondiscrimination and reasonable modifications (also known as reasonable accommodations) in policing activities, including in the type of detention at the heart of this case. In the context of a person with a known psychiatric disability, who is in crisis and subject to involuntary mental health treatment, the ADA requires that police employ widely accepted policing practices that use containment, coordination, communication, and time to seek safe resolutions.”

Case Documents

Amicus Brief: City and County of San Francisco v. Sheehan

U.S. Supreme Court Opinion

Policing & People with Disabilities Webinar Series: A Call for Procedural Justice

/in , , , , /by The Arc

Join NCCJD as we delve further into the topic of policing and people with disabilities, with a focus on procedural justice as a potential solution. This is our final webinar in the 2017 Policing & People with Disabilities series that educates law enforcement and others about the various intersections that play into discrimination and violence toward people with intellectual and developmental disabilities (IDD) within the criminal justice system and how we can address the issue by examining innovative programs and potential solutions from around the country. Topics addressed on this webinar include an explanation of procedural justice, an overview of the history and current efficacy of procedural justice principles, examples of how procedural justice can impact policing practices with the disability community, the leadership philosophy that needs to be in place to encourage the use of such practices, and an interactive discussion in which panelists apply the four tenets of procedural justice to realistic use of force scenarios.

Panelists:
Lt. Leo Daniels, Arlington Police Department
Chief Michael Davis, Northeastern Police Department
Lt. Tarrick McGuire, Arlington Police Department
Ariel Simms, The Arc’s National Center on Criminal Justice & Disability

Mental Health Courts and Individuals with Intellectual and Developmental Disabilities: A Criminal Justice Solution?

/in , , , , , , , , /by The Arc

Mental health courts were created to divert offenders away from prison into long-term community-based treatment. These courts rely on assessments, treatment plans and ongoing monitoring of behavior to address both the mental health needs of the offenders, as well as the safety needs of the community. But, are mental health courts appropriate for people with intellectual and developmental disabilities (IDD)? Can they do more harm than good? Join NCCJD as we explore these questions and hear from experts in the field about this under-recognized dilemma in the criminal justice system. NCCJD will discuss the results of a recent informal survey of mental health courts serving people with IDD, followed by Ms. Baird who will provide a historical perspective of mental health courts, and define their role and purpose in the criminal justice system. Ms. Patton will discuss how the Mental Health and Developmental Disabilities Court specifically addresses the needs of individuals with IDD and the benefits of serving these individuals. Mr. Stone will address the concerns of mental health courts and whether they are adequate to serve those with IDD.

Panelists:

Jennifer Baird, Program Manager, Mental Health Court, St. Lucie County, Florida
Meghan Patton, Court Coordinator, Mental Health and Developmental Disabilities Court, Cuyahoga County, Ohio
Adam Stone, Criminal Defense Attorney

Policing & People with Disabilities Webinar Series: Community-Based Strategies for Reform

/in , , , , , , /by The Arc

Join NCCJD as we delve further into the topic of policing and people with disabilities, with a focus on community-based solutions. This webinar is the second in our 2017 Policing & People with Disabilities series that educates law enforcement, other criminal justice professionals, people with disabilities, family members, and disability advocates about the various intersections that play into discrimination and violence toward people with intellectual and developmental disabilities (IDD) within the criminal justice system and how we can address the issue by examining innovative programs and potential solutions from around the country. Law enforcement personnel will also discuss how they are changing police culture from within to reform policing practices around disability. NCCJD will highlight its innovative Pathways to Justice® program, a community-based solution that aims to increase trust and understanding between the criminal justice and disability communities, as well as build the capacity of criminal justice professionals to respond to gaps in services for people with IDD.

Panelists:
Ken Capone & Mat Rice, People on the Go
Travis Akins, Growth Through Opportunity
Nils Rosenbaum, Matthew Tinney, Caren Vendetti & Peter Winograd, Albuquerque Police Department
Leigh Ann Davis & Ariel Simms, The Arc’s National Center on Criminal Justice and Disability

Policing & People with Disabilities Webinar Series: The Intersection of Race, Disability, and Policing

/in , , , , , , , /by The Arc

Join NCCJD as we delve into the topic of policing people with disabilities, with a focus on people of color and women with disabilities. This webinar was the first in our 2017 Policing People with Disabilities series that educates law enforcement, other criminal justice professionals, people with disabilities, family members, and disability advocates about the various intersections that play into discrimination and violence toward people with intellectual and developmental disabilities (IDD) within the criminal justice system and how we can address the issue by examining innovative programs and potential solutions from around the country.

Panelists:

Lorrell Kilpatrick, Social Justice Advocate; Everybody Counts, North Indiana
Janine Jackson, Board Member, African American Policy Forum
Ronald Hampton, Advisory Board Member, National Police Accountability Project
David M. Perry, Disability Rights Journalist and History Professor at Dominican University

Competency of Individuals With Intellectual and Developmental Disabilities in the Criminal Justice System: A Call to Action for the Criminal Justice Community

/in , , , , , , /by The Arc

Join NCCJD as we explore the concept of competency for individuals with IDD in the criminal justice system. Topics addressed will include the competency to stand trial process, the differences between competency and the insanity defense, importing death penalty standards for individuals with IDD into competency determinations, competency evaluation wait times, and the impact that guardianship and supported decision making have on competency in criminal cases. Individuals familiar with IDD will get an introduction to competency issues that people with IDD may face while legal professionals will gain insight into the specific implications of IDD within the conceptual framework of competency. The speakers for this webinar are authors of our new white paper, Competency of Individuals with Intellectual and Developmental Disabilities in the Criminal Justice System: A Call to Action for the Criminal Justice Community.

Panelists:
Robert Fleischner, Assistant Director, Center for Public Representation
Claudia Center, Senior Staff Attorney, ACLU Disability Rights Program
Robert Dinerstein, Professor of Law, Associate Dean for Experiential Education, Director of Disability Rights Law Clinic, American University Washington College of Law
Andrew Flood, Stanford Law School
Brooke Boutwell, Wake Forest University School of Law, NCCJD Intern
Hillary Frame, Wake Forest University School of Law, NCCJD Intern

The Attorney Client Relationship: Bridging the Gap Between Attorneys, Clients With Intellectual and Developmental Disabilities, and Their Families

/in , , , , , , /by The Arc

Join NCCJD as we help attorneys, clients and their families understand each other’s needs and obligations during a criminal case, and how they can work together to create a fair and complete attorney/client relationship to ensure the best representation possible for people with IDD. This webinar will be helpful to attorneys and families alike, as well as other advocates. Mr. Gordo will speak about his son, Paul, who has autism and was charged with assault after experiencing sensory overload at a library. Hear how the Gordo family was able to work with their defense attorney to achieve a modest success and get the charges reduced from a major felony to a misdemeanor that resulted in unrestricted probation. Ms. Kelley will discuss the ethics of representing someone with IDD in the criminal justice system as well as ways in which families can help attorneys achieve good outcomes. NCCJD’s Criminal Justice Fellow will discuss how the two worlds – clients/families and attorneys – can be brought together and how all parties involved can help each other reach their goals.

Panelists:

Steve Gordo, Parent Advocate
Elizabeth Kelley, Criminal Defense Attorney and Member of the Board of Directors, National Association of Criminal Defense Lawyers
Ashley Brompton, Criminal Justice Fellow, NCCJD

Transcript
Session Slides

Sex Offenders With Autism Spectrum Disorder

/in , , , , , , , , , /by The Arc

The Arc’s National Center on Criminal Justice and Disability® (NCCJD) published a white paper and hosted a webinar on sex offenders with IDD, and noted an overwhelming need for this information nationwide. In response to the high demand for information, NCCJD brings you an addendum and accompanying webinar, specifically identifying the problems occurring as a result of autism spectrum disorder and lack of sexual education.

Transcript