Episode 119: Disability and The Criminal Justice System with Attorney Jason Chan

Being stopped by or questioned by the police can be stressful for anyone but for those who are mentally ill or developmentally disabled, it can be quite traumatic. Often these traumatic situations can trigger certain responses in a mentally disabled individual which can escalate into violence or other extreme matters, causing them to be unfairly accused/charged or labeled due to their illness or disability. 

   

In this podcast episode, Annette speaks with Attorney Jason Chan, a criminal law attorney and partner in the firm Seed, Chan and Associates in Boston, about how individuals who are mentally ill and developmentally disabled are often treated and charged unfairly within the criminal justice system.

 

The main problem area Attorney Chan notes is usually with law enforcement or first responders as they generally have the first contact with the disabled individual.  There seems to be a lack of training and understanding for first responders as they don't have specific mental disability instruction.  First responders are often only given very basic information about the situation they are heading into and are generally not aware of how to recognize danger zones and triggers for certain mental illnesses and disabilities.  This can at times lead to very dangerous situations. Training is highly needed for first responders but unfortunately there in no universal training course or guidelines. Difficulties also lie around who would be capable of instructing a training course and with so many different kinds of mental illness and disabilities, how can you train a first responder to recognize all the signs and the care needed for each.

 

Restraining orders can cause issues as well.  Some individuals that have mental illness or developmental disabilities don't understand or deal with certain social situations well and can be misunderstood by roommates, those they work with or even romantic partners. Restraining orders can be devasting to a mentally disabled individual.  It does not necessarily mean they did something criminally wrong, but now that there is a restraining order tied to their name, it can preclude them from certain disability programs and housing situations once a background check is run.

 

Traffic stops can also lead to stressful situations where a mentally disabled person could panic and either want to flee the scene to the safety of their home or they may want to get out of the vehicle to speak with the police officer.  These types of reactions can escalate an already stressful situation with law enforcement.  Attorney Chan recommends that parents and/or caregivers coach their children ahead of time, in the event they are pulled over by law enforcement at some point.  Make sure the mentally disabled individual understands that police are there to help and likely there is nothi

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