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For those of you with a Linkedin account, the article below is one of three that I have written and published and hope you will check out my webpage.
https://www.linkedin.com/pulse/absence-rule-law-people-severe-disabilities-national-epidemic-cross?trk=prof-post
"The absence of the Rule of Law for people with severe disabilities is a national epidemic"
The Lady of Justice stands tall and blindfolded, with scales and a mighty sword. It is a reminder that our Rule of Law is guaranteed to everyone – giving no credence to the bias or prejudice of the court or its arbitrators, to ensure that all people receive equal protections of our Rule of Law.
It is an idealistic theory in contrast to the realities of what people with severe disabilities face every day in our American judicial system.
For adults with severe mental illness, developmental disabilities, traumatic brain injuries, and even behavioral disorders related to a severe disability, the realities of our American judicial system is weighed heavily against them – turning our state prisons into The New Asylums. But long before these people step foot in a prison, their victimization begins in the interrogation or plea bargaining phase that substantially threatens the deprivation of their receiving the guaranteed rights of our Rule of Law.
It begins first by the trickery, outright deceit, and even threats, intimidation or coercion tactics used to secure false confessions of guilt – termed Compliant False Confessions or Internalized False Confessions (Cornell University School of Law (2010)). In Prisoners Exonerated, Prosecutors Exposed (The New York Times, February 12, 2016), it is estimated that “nearly half of all 2015 exoneration's” were the result of false confessions made to criminal acts never engaged in, and that juveniles, and people with severe mental illness or developmental disabilities, or a combination of any of the three, present high risks to give false confessions. Thus, "admissions of guilt are unreliable far more often than is generally believed" Id.
Although law enforcement personnel and prosecutors account for the highest cause for false confessions of guilt to be given, public defenders can also cause false confessions of guilt to occur. Private Guardianships In Missouri, provides examples [at Pp. 13-18] on how public defenders can either inadvertently or purposefully secure plea bargains based on false confessions of guilt. However, courts are also contributors to false confessions of guilt being given, because the American judicial system lacks necessary and proper safeguards to protect defendants with a severe disability.
Theoretically, public defenders would jealously protect the rights of their clients and never permit their clients with severe disabilities to give a false confession of guilt; in an ideal world that is, because the realities are too often different. For example, when faced with a public defender whose caseload contains 300 clients or an all but depleted budget to launch and maintain a proper defense. or when faced with a public defender who is biased, prejudiced, or has a conflict of interest with their client, then clients with severe disabilities are inherently at a high risk to give a false confession of guilt to a crime never committed. Thus, courts cannot simply just rely on the face value of what is only a theoretical legal representation of people with severe disabilities. And courts must give the weight of presumption to the defendant with a severe disability that any plea bargain agreed upon is the result of their having been tricked, deceive, or even threatened, intimidated, or coerced because of their severe disability.
Unfortunately, the American judicial system is invariably predisposed against defendants because of their respective disabilities, that these individuals do not receive equal protections of the Rule of Law, nor proper due process. Moreover, American state courts are prone to using jails and prisons as the first choice because of the defendant's disabilities, in sentencing them, rather as than the absolute last resort instead.
Thus, the absence of the Rule of Law for people with severe disabilities is indeed a national epidemic in our American judicial system.
https://www.linkedin.com/pulse/absence-rule-law-people-severe-disabilities-national-epidemic-cross?trk=prof-post
"The absence of the Rule of Law for people with severe disabilities is a national epidemic"
The Lady of Justice stands tall and blindfolded, with scales and a mighty sword. It is a reminder that our Rule of Law is guaranteed to everyone – giving no credence to the bias or prejudice of the court or its arbitrators, to ensure that all people receive equal protections of our Rule of Law.
It is an idealistic theory in contrast to the realities of what people with severe disabilities face every day in our American judicial system.
For adults with severe mental illness, developmental disabilities, traumatic brain injuries, and even behavioral disorders related to a severe disability, the realities of our American judicial system is weighed heavily against them – turning our state prisons into The New Asylums. But long before these people step foot in a prison, their victimization begins in the interrogation or plea bargaining phase that substantially threatens the deprivation of their receiving the guaranteed rights of our Rule of Law.
It begins first by the trickery, outright deceit, and even threats, intimidation or coercion tactics used to secure false confessions of guilt – termed Compliant False Confessions or Internalized False Confessions (Cornell University School of Law (2010)). In Prisoners Exonerated, Prosecutors Exposed (The New York Times, February 12, 2016), it is estimated that “nearly half of all 2015 exoneration's” were the result of false confessions made to criminal acts never engaged in, and that juveniles, and people with severe mental illness or developmental disabilities, or a combination of any of the three, present high risks to give false confessions. Thus, "admissions of guilt are unreliable far more often than is generally believed" Id.
Although law enforcement personnel and prosecutors account for the highest cause for false confessions of guilt to be given, public defenders can also cause false confessions of guilt to occur. Private Guardianships In Missouri, provides examples [at Pp. 13-18] on how public defenders can either inadvertently or purposefully secure plea bargains based on false confessions of guilt. However, courts are also contributors to false confessions of guilt being given, because the American judicial system lacks necessary and proper safeguards to protect defendants with a severe disability.
Theoretically, public defenders would jealously protect the rights of their clients and never permit their clients with severe disabilities to give a false confession of guilt; in an ideal world that is, because the realities are too often different. For example, when faced with a public defender whose caseload contains 300 clients or an all but depleted budget to launch and maintain a proper defense. or when faced with a public defender who is biased, prejudiced, or has a conflict of interest with their client, then clients with severe disabilities are inherently at a high risk to give a false confession of guilt to a crime never committed. Thus, courts cannot simply just rely on the face value of what is only a theoretical legal representation of people with severe disabilities. And courts must give the weight of presumption to the defendant with a severe disability that any plea bargain agreed upon is the result of their having been tricked, deceive, or even threatened, intimidated, or coerced because of their severe disability.
Unfortunately, the American judicial system is invariably predisposed against defendants because of their respective disabilities, that these individuals do not receive equal protections of the Rule of Law, nor proper due process. Moreover, American state courts are prone to using jails and prisons as the first choice because of the defendant's disabilities, in sentencing them, rather as than the absolute last resort instead.
Thus, the absence of the Rule of Law for people with severe disabilities is indeed a national epidemic in our American judicial system.
Great article and very factual. We so often treat the mentally challenged terribly because they are seen as "throwaway people" who do not matter. We forget, just as in the case of all inmates, that they are someone's son, daughter, mother, father, husband, wife or loved family member.
Because of their disabilites, many mentally challenged inmates are serving very long sentences for minor crimes; they were taken advantage of by the state or LE in some manner. I had a studetn who stole a six pack of beer at the local convenience store and received 35 years in prison.
Just a shame, really. It is only by luck and the grace of God that I---or you----do not have a brain chemisty so unbalanced that we are unaccepted by society.
As far as the mental disabilites, we need to understand that the mental portion of the equation is usually caused by a physical problem, namely an abnormal or lack of certain chemicals circulating in the brain tissue. Mental illness in that regard is a disease much like diabetes, but instead of a lack of insulin being produced by the pancreas, there are certain hormones or chemicals not being produced in the brain area.
But whatever the reason, often we don't see the mentally disabled as people, but as someone we just tolerate.
Sad.
rewdiazepam
We need a whole lot of judicial reforms made, across our nation, to bring people with disabilities within reach of the rights guaranteed to everyone under the Rule of Law. But sadly, I very much doubt I will ever see such reforms in my lifetime.