Law enforcement officers who want to serve people with disabilities (PwD) can do so by learning about how to approach communications with PwD. We examine best practices for interacting with PwD in law enforcement.
Why is it important for law enforcement officers to learn about PwD?
It is estimated that 50-80% of the people police interact with have hidden or visible disabilities. People with disabilities come in all shapes and sizes: anyone of any race, gender identity, religion, or other identity can have a disability. Thus, it is extremely likely that the average police officer comes across countless people with disabilities every day.
People with disabilities sometimes behave differently than their non-disabled counterparts. They do not do this out of any ill will—their brains and/or bodies are simply wired differently. Thus, many non-disabled people misinterpret those innocuous behaviors to be strange, exploitable, or even violent. This can have disastrous consequences.
People with disabilities are 2.5 times more likely to be a victim of violence than the general population. Rates of violence are especially high for people of color, whose disability characteristics are often misconstrued as violent because of their skin color. These statistics are also dire for women, whose disabilities can exacerbate the violence to which their gender is already at-risk.
It’s not an exaggeration to say that people with disabilities are some of the most vulnerable people in our society, and police should treat them with extra consideration and care. This article provides best practices on how police officers should approach people with disabilities.
Determining threat levels
The U.S. Department of Justice (The Department) noted that law enforcement officers must keep the following in mind so that they do not mistake people with disabilities for dangerous persons.
Officers must be aware that “unexpected actions taken by some individuals with disabilities may be misconstrued by officers or deputies as suspicious or illegal activity or uncooperative behavior.” For example, if someone in a car reaches to grab something, it could possibly be their ID, their hearing aids, or other innocuous valuables.
Those in law enforcement should keep in mind that “people who are deaf or hard of hearing, or who have speech or intellectual disabilities, or who are blind or vision disabilities may not recognize or be able to respond to police directions. These individuals may erroneously be perceived as uncooperative.”
Police should know that “people with disabilities may have a staggering gait or slurred speech related to their disabilities or the medications they take.” The Department explains that “these characteristics, which can be associated with neurological disabilities, mental/emotional disabilities, or hypoglycemia, may be misperceived as intoxication.”
Finally, the Department noted that it is “important that police officers are trained to distinguish behaviors that pose a real risk from behaviors that do not, and to recognize when an individual, such as someone who is having a seizure or exhibiting signs of psychotic crisis, needs medical attention.” Furthermore, “it is also important that behaviors resulting from a disability not be criminalized where no crime has been committed.”
Praxis International advised that officers “be aware that some disabilities might not be immediately obvious to officers. Unusual behaviors, speech patterns, inappropriate emotional responses or lack of responsiveness to officers’ questions and directives could be an indication of a disability.”
The UN Disability Accessibility Special Envoy noted that people with brain injuries, “mental health disorders, and intellectual disabilities are not ‘dangerous.’ In cases where a person with these disabilities manifests anger or discomfort verbally or physically, it may be caused by various factors, such as frustration or some negative stimulus and not by an inherent characteristic of the disability. Anyone can express their displeasure in a situation they find uncomfortable, so misconceptions, prejudices and stereotypes regarding certain types of disabilities must be broken down. The police officer must always provide peace of mind and security to the affected person.”
Communication with people with disabilities
The UN Disability Accessibility Special Envoy suggested that officers use the following communication tips with people with disabilities.
Police should “promote and facilitate the use of sign language and various communication systems, such as Braille, augmentative and alternative modes, means, and formats of communication.” By extension, they should “guarantee the reading of the rights of the detainee through sign language interpretation, Braille, audio, augmentative and alternative modes, means, and formats of communication or other accessible formats.”
When interacting with people with disabilities, law enforcement officers would benefit from “ensuring and corroborating that the information is delivered clearly and precisely by the police officer to the person with a disability, in a daily, inclusive and non- technical vocabulary, always taking care of accessible formats.”
Officers would be well advised to “explain to the person with a disability the situation they are in and the procedure to be adopted.” They “should confirm in the police procedure that the person with a disability has understood the information, expressed in an accessible manner by the police officers.”
Ensuring people with disabilities are safe and comfortable
Praxis International recommends that officers take a few precautions to make sure that people with disabilities are safe and secure. For instance, officers should “document the person’s disability in your report, including their individualized communication, transportation, medication, or other accommodation needs.”
In cases when “the person to be arrested is a caregiver of the victim or another person with a disability in the residence, ask who can be called to arrange for that person’s continued care. Do not leave the scene until arrangements are made.”
Most importantly, officers must “never assume that victims of crimes with disabilities suffer less physical, emotional, or psychological trauma than other victims.”
The UN Disability Accessibility Special Envoy added that officers also need to “consider that persons with disabilities may require some type of medication, which is important to supply and monitor.”
The group also spoke of technical aid safety, asking that officers “recognize that technical aids for persons with disabilities are an extension of their bodies and should not be separated from them, even within police precincts or institutional vehicles. For example: if the person is assisted by a wheelchair or cane.” In addition, deaf or hard-of-hearing people may use their hands to communicate with sign language. In such instances, it is important not to handcuff their hands.
For more information visit our guide on Law Enforcement and Effective Communication.
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