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Don Castellano-Hoyt


Communication and Mental Retardation
General Information


If a crime has obviously been committed, will the individual be viewed as an offender with mental retardation or a person with mental retardation who has committed a possible offense? This lesson takes the position that the person should be viewed as an offender with special needs. In addition, just as there are varying degrees of mental retardation, so are there varying degrees of communication problems. In some instances, very little assistance will be needed.


We do not deny that criminal justice professionals, by virtue of their responsibilities as prescribed by law, have as their first priority the protection of society's interests. Instead, this lesson encourages sensitivity to the communication demands of a situation involving a person with mental retardation. Verbal communication should be emphasized only after any confrontation is stabilized, which is the officer's foremost concern. Only after stabilization occurs can a critical analysis incorporate the concepts used here.


Communication has little value if the sender is the only one who understands what was said. Because communication shapes how we think about the world and how we relate to it, our language can be thought of as either a battleground or a meeting place. The difference lies in how meaning is restricted or allowed to evolve. Undue restriction and control of meaning by an officer can occur if the officer does not recognize that a person has not understood what has been said. Some persons, especially those with mental retardation, need considerable help or support in order to communicate information needed by law enforcement.


In this context, criminal justice professionals are cautioned to remember that those with mental retardation are people like them. The criminal justice professional should make no assumptions regarding a person's ability or lack of ability to communicate if that person has mental retardation. Persons with mental retardation are capable of understanding and communicating. They are sensitive to the speech and actions of others, and theft response will mirror the manner in which they are treated. They should be approached in a positive, respectful manner. Treat adults with mental retardation as adults, not children. Always remember that persons with mental retardation:


Cannot be required to forego any rights or human considerations afforded to everyone else.


May dislike being called "retarded" or even have the word "retardation" used in reference to their disability. In their presence, use the phrase "person with a disability."


May not want their disability to be noticed.


May be overwhelmed by police presence


May be very upset at being detained and/or try to run away.


May have difficulty describing facts or details of offense.


May be reluctant to discuss the matter at hand.


May be overly eager to please others.


May understand more than he or she indicates.


Tips for Better Communication


Positive Body Language



Many times, persons with mental or physical impairments understand more than you may think they do in a given situation. Persons with mental retardation read a great deal into posture. As you may already know, communication involves more than the spoken word. Many experts in a variety of fields believe that well over two-thirds of communication occurs through nonverbal indicators such as body language.


Although we cannot spend too much time concerning this topic, it is very important. When possible, use a non-threatening attitude and use your body language to promote open and truthful communication.


Patience


Patience is another key tool for interacting with a person with mental impairments. Always remember that the person does not process information the way you do. By taking time to give and ask information, you allow the individual time to process that information and formulate
answers.


Firm and Calm Persistence


Use firm and calm persistence if the person fails to comply as you expect or acts aggressively. By reacting calmly and firmly steering the individual back to the task at hand, you accomplish two things. First, a calm presence helps bring some tranquillity to the situation. Second, firmness adds structure that may help a person with a mental impairment keep on track with the task at hand.


A Positive Environment


Before conducting an interview, try to arrange for a quiet and private setting. This will help the person relax and reduce any embarrassment the person might feel in a more public setting.


Short, Simple Speech


Try to calm the person, make the person feel safe and comfortable in the environment, and assure the person that you are a friend. Avoid rapid-fire questions or badgering, both of which methods are intimidating and unnerving.


When talking, speak directly to the person. Speak slowly and clearly, using simple language, vocabulary, and short sentences. Break complicated series of instructions or information into smaller parts. If possible, use visual aids, picture symbols, diagrams, and actions to help convey meaning. Use concrete terms. Abstract ideas may confuse the person.


When asking questions, avoid yes or no questions and open-ended questions. Be particularly cautious about using "leading questions." Leading questions may invite responses intended to please you, not those that convey the truth.


Finally, watch the person's reactions and listen carefully to the content of each answer. You often will learn a lot from what is not said.