Justice Navigator
Developmental Disabilities and the Justice System
Understanding how having a disability can affect interactions with police and the courts.
People with developmental disabilities are much more likely to have contact with the police than people without disabilities. Sometimes, the way a person communicates or behaves because of their disability can be misunderstood by others, including law enforcement. Understanding these differences is a key step to staying safe.
What it is
Autism affects how a person communicates and interacts with the world. Every autistic person is different.
How it can be misunderstood:
- Communication: An autistic person might not make eye contact, might speak in a flat tone, or might have trouble understanding sarcasm or abstract questions. An officer might mistake this for being dishonest or uncooperative.
- Stimming: Repetitive movements like hand-flapping or rocking (called "stimming") help some autistic people self-regulate. An officer might see this as nervousness or a sign of guilt.
- Sensory Overload: Flashing lights, loud sirens, and being touched can be overwhelming and might cause a person to shut down or have a "meltdown."
What it is
An intellectual disability involves challenges with intellectual functioning (like learning and problem-solving) and adaptive behavior (everyday skills).
How it can be misunderstood:
- Eagerness to Please: A person with ID might agree with an officer or say "yes" to questions they don't understand, just to be helpful. This is very dangerous, as they could accidentally confess to something they didn't do or give up their right to a lawyer.
- Understanding Rights: The right to remain silent can be a very confusing, abstract idea. They may not truly understand what it means.
- Poor Memory: They may have trouble remembering details like times, dates, and sequences of events, which can make their story seem inconsistent.
What it is
ADHD is a condition that affects attention, hyperactivity, and impulsivity.
How it can be misunderstood:
- Impulsivity: This means acting without thinking. A person with ADHD might interrupt an officer, speak out of turn, or make a sudden movement. An officer could see this as aggressive or disrespectful.
- Inattention: They may have trouble focusing on the officer's questions or commands, especially in a stressful situation. This can look like they are ignoring the officer on purpose.
- Fidgeting: Difficulty sitting still can be seen as nervousness or a sign that the person is hiding something.