EQUAL JUSTICE
    Self - Advocacy Workbook

Introduction

Chapter 1
Advocacy, Preparations & Strategies

1-1 Introduction
1-2 Police Contact
1-3 Arrest
1-4 Arraignment
1-5 PreTrial    
1-6 Trial

1 QUIZ
1 ANSWERS

Chapter 2
Prevention

2-1 Aiding & Abetting
2-2 Conspiracy
2-3 Delivery of Controlled Substance

 

                     

 

CHAPTER ONE
ADVOCACY, PREPARATIONS & STRATEGIES

1. INTRODUCTION AND CAVEAT

2. INITIAL CONTACT WITH THE POLICE

3. ARREST

4. ARRAIGNMENT

5. PRE-TRIAL

    A. COMPETENCY

    B. ADVOCACY CHALLENGES REGARDING COMPETENCY

6. TRIAL

CHAPTER ONE PRACTICE SESSIONS

1. INTRODUCTION AND CAVEAT

While prevention is always the preferable strategy, the Association for Community Advocacy often is asked to assist someone who is already in the criminal justice system.  What you will read in this chapter are suggestions and assertions that have grown from 40+ years of combined experience of Dohn Hoyle and Marsha Katz.  This information represents our experiences in our county and our state (Michigan).  Because each community comes with its own politics, procedures and relationships, both our successes and our problems may not be similar to those in other communities.  What has been effective in Washtenaw County, Michigan may not be effective in Ontonagon County, Michigan or Orange County, California.  What works in those counties may not work in ours.

As with everything else we do in partnership with persons with disabilities, criminal justice advocacy must be practiced one person at a time in a particular community.  Sharing these individual stories will:

  • inform us as to the patterns of official abuse and the advocacy strategies most likely to be effective, and 

  • indicate the systems advocacy necessary to correct and prevent continued abuses.

Cognitive/Communication
Accommodation:
The final ADA Frontier?

 Regulations for Title 11 of the Americans with Disabilities

Act provide that:

A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.'

And,

A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.

A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.2

It is the belief of ACA that from the moment a police officer suspects, or is alerted to, or is made aware of, a cognitive/communication disability, there exists a mandate under the ADA to provide reasonable accommodation before any further questioning of the person.  It is our further belief that the only reasonable accommodation is the provision of a knowledgeable, criminal lawyer, who can act as a "cognitive interpreter " as well as a lawyer.

This concept is easier to understand when you consider the similar situation of a police officer attempting to question a person who is deaf.  As soon as the officer realizes the person is deaf, if the person uses American Sign Language, the officer would arrange for an interpreter.

Just as with an interpreter for the deaf, the qualifications of a "cognitive interpreters" are very important.  Family members and supports coordinators are not qualified "cognitive interpreters" even though they can understand a person's method of communication and can communicate with them in return.

Family members and supports coordinators are not qualified because, in the criminal justice arena, communication occurs in a legal context (especially criminal law) and requires legal expertise in addition to the ability to communicate with the person.  The legal expertise can (and may) always be supplemented by communication assistance from family members, friends and/or supports coordinators or advocates, but the legal expertise is the most important element in the communication accommodation.

Once a lawyer is in place, the job of disability advocacy really begins.  Along with educating the lawyer about the person and his/her disability, the advocate (professional, family member or friend) is a great source of information for the judge, probation officers and others in the system.

Following are strategies, ideas and notes from our many years of experience that relate to each of the stages in the typical criminal justice proceeding.  These strategies SHOULD be used by professionals, family members, and friends of the person with a disability, as well as, by the person him/herself.

 

Written by: Melissa King, Attorney-at-Law,  King Law Offices; Karen Wolf-Branigin, Wayne State University, Developmental Disabilities Institute; Rachel Pinsky Law Graduate, Wayne State University; Robert Lasker, Belinda Land, Vendalia Collins, Cheryle Trommater, Marsha Katz,
The project staff extend our sincere appreciation to the over 50 people who generously donated their time, support and expertise to the Equal Justice initiative.  Though we cannot thank everyone individually, we particularly acknowledge the following groups and individuals.
The Curriculum Design Board who identified competencies, reviewed materials and curriculum drafts: Jeanice Dagher-Margosian, Michelle James-Mann, Florence Kozak, Gary Margosian, Mark Ptaszek, Penny Ryder, Donna Sabourin, Jim Soden, Bob Stein, Ted Wybrecht
The field test participants and field site coordinators who attended the training in the very earliest stages: Sarah Irvine. People First of Oakland Count

First Edition Spring 1998 --
Equal Justice is a collaborative partnership between Washtenaw Association for Community Advocacy and Wayne State University Developmental Disabilities Institute.  This material was developed and disseminated with funding from the Michigan Developmental Disabilities Council Grant 96620