RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on...

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RIGHTS and RULES RIGHTS and RULES This project is supported by The Arc of North Carolina and by the This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives through P.L. NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.” 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.” Part 3 Part 3

Transcript of RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on...

Page 1: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

RIGHTS and RULESRIGHTS and RULES

““This project is supported by The Arc of North Carolina and by the This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives through P.L. NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.” 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.”

Part 3Part 3

Page 2: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Rules That Protect MeRules That Protect Me

There are things you There are things you should should DODO if the police if the police

want to ask you want to ask you questions. We will go questions. We will go

over them one at a time.over them one at a time.

Page 3: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

STAY CALM!STAY CALM!Try This:Try This:

A. Take a double breath.A. Take a double breath.

B. Hold it and count to 3.B. Hold it and count to 3.

C. Breathe out very C. Breathe out very slowly.slowly.

D. Do this 3 times.D. Do this 3 times.

Do Rule #1Do Rule #1

Page 4: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Know your address and Know your address and phone numberphone number

Do Rule #2Do Rule #2

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Your nameYour name

Your address and Your address and

Your telephone number.Your telephone number.

The The ONLYONLY questionquestion you should answer without you should answer without

your lawyer or support person present is:your lawyer or support person present is:

Now Let’s Practice!Now Let’s Practice!

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Ask To Show Your Ask To Show Your Identification!Identification!

Sally Smith2222 Horn AvenueMy Home, North Carolina

Contact: Support Staff at (111) 333-3333

Sally Smith2222 Horn AvenueMy Home, North Carolina

Contact: Support Staff at (111) 333-3333

Do Rule #3Do Rule #3

Page 7: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

It is very, very important to carry It is very, very important to carry a photo identification card with you a photo identification card with you all the time so you can show the all the time so you can show the officer information about yourself.officer information about yourself.

Tell the officer you have an Tell the officer you have an identification card. If you do not identification card. If you do not have one, it is important to get one have one, it is important to get one so the police will know who you are.so the police will know who you are.

Show Your Identification Show Your Identification CardCard

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Ask For a LawyerAsk For a Lawyer

Do Rule #4Do Rule #4

Page 9: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

The most important thing you may learn The most important thing you may learn today is to say: today is to say: “I NEED A LAWYER”“I NEED A LAWYER”

Let’s say it together.Let’s say it together.

One, two, three . . . . .One, two, three . . . . . “I NEED A “I NEED A LAWYER”LAWYER”

Say it again, louder.Say it again, louder.

One, two, three . . . . .One, two, three . . . . . “I NEED A “I NEED A LAWYER”LAWYER”

Let’s say it one more time.Let’s say it one more time.

One, two, three . . . . .One, two, three . . . . . “I NEED A “I NEED A LAWYER”LAWYER”

Say “I Need a Lawyer”Say “I Need a Lawyer”

Page 10: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Tell Police You Have A DisabilityTell Police You Have A Disability

Do Rule #5Do Rule #5

Page 11: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

1.1. Everyone has something that is Everyone has something that is hard for them to do.hard for them to do.

2.2. You may not usually tell people You may not usually tell people that you have a disability, but it that you have a disability, but it is important for the police to is important for the police to know.know.

3.3. If you tell the police you have a If you tell the police you have a disability, they won’t disability, they won’t accidentally treat you unfairly. accidentally treat you unfairly. You should not try to hide your You should not try to hide your disability from the police.disability from the police.

Tell Police You Have a Tell Police You Have a DisabilityDisability

Page 12: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Between a:Between a:

LawyerLawyer

and anand an

AttorneyAttorney??

What is the Difference . . .What is the Difference . . .

Page 13: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Ask To Make A Phone CallAsk To Make A Phone Call

Do Rule #6Do Rule #6

Page 14: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

1.1. If the police want to talk to If the police want to talk to you, ask to make a telephone you, ask to make a telephone call. Most police officers will call. Most police officers will let you.let you.

2.2. Always keep a list of names Always keep a list of names and phone numbers of your and phone numbers of your family, support people, and family, support people, and friends with you.friends with you.

Ask to Make a Phone CallAsk to Make a Phone Call

Page 15: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

• DO stay calmDO stay calm• DO tell your name, address and DO tell your name, address and

phone numberphone number• DO show identification cardDO show identification card• DO say, “I NEED A LAWYER”DO say, “I NEED A LAWYER”• DO tell the police you have a DO tell the police you have a

disabilitydisability• DO ask to make a phone callDO ask to make a phone call

Do the RulesDo the Rules

Page 16: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Don’t Run! Don’t Try to Leave!Don’t Run! Don’t Try to Leave!

Don’t Rule #1Don’t Rule #1

Page 17: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.
Page 18: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Why?Why?

If you run or try to leave, the If you run or try to leave, the police may think you are guilty. police may think you are guilty. They could arrest you even if They could arrest you even if you are innocent of a crime. If you are innocent of a crime. If they think you did something they think you did something real bad and you might hurt real bad and you might hurt someone, they could even someone, they could even shoot you to keep you from shoot you to keep you from getting away.getting away.

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Don’t Get Mad!Don’t Get Mad!

Don’t Rule #2Don’t Rule #2

Page 20: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Use the calm down exercise to Use the calm down exercise to keep from getting mad.keep from getting mad.

•Take a double breathTake a double breath•Hold it and count to 3Hold it and count to 3•Breathe out very slowlyBreathe out very slowly

Don’t Get MadDon’t Get Mad

Page 21: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Don’t Resist ArrestDon’t Resist Arrest

Don’t Rule #3Don’t Rule #3

Page 22: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Resisting arrest means a Resisting arrest means a person is trying to keep person is trying to keep from being arrested by from being arrested by fighting, running, arguing, fighting, running, arguing, or not cooperating. It is or not cooperating. It is against the law to resist against the law to resist arrest. You can be put in arrest. You can be put in jail for that.jail for that.

Don’t Resist ArrestDon’t Resist Arrest

Page 23: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Don’t Talk Without a Lawyer!Don’t Talk Without a Lawyer!

Don’t Rule #4Don’t Rule #4

Page 24: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Remember. You should Remember. You should always say always say “I NEED A “I NEED A LAWYER.”LAWYER.” The rules say you The rules say you do not have to talk to the do not have to talk to the police without your lawyer police without your lawyer there. The police should not there. The police should not get mad at you because it is get mad at you because it is your RIGHT. your RIGHT.

Don’t Talk Without A Lawyer!Don’t Talk Without A Lawyer!

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Don’t Sign Anything!Don’t Sign Anything!

Don’t Rule #5Don’t Rule #5

Page 26: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

The rules say you do not The rules say you do not have to sign anything. The have to sign anything. The police should not get mad police should not get mad at you if you don’t sign at you if you don’t sign your name because that is your name because that is your RIGHT. your RIGHT.

Do Say Do Say “I NEED A “I NEED A LAWYER.”LAWYER.”

Don’t Sign Anything!Don’t Sign Anything!

Page 27: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

Don’t Hide Your DisabilityDon’t Hide Your Disability

Don’t Rule #6Don’t Rule #6

Page 28: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

What would you say to What would you say to a police officer to tell a police officer to tell

him you have a him you have a disability?disability?

Don’t Hide Your DisabilityDon’t Hide Your Disability

Page 29: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

•Don’t Run. Don’t Try to Don’t Run. Don’t Try to Leave.Leave.

•Don’t Get Mad.Don’t Get Mad.•Don’t Resist Arrest.Don’t Resist Arrest.•Don’t Talk Without a Don’t Talk Without a

Lawyer.Lawyer.•Don’t Sign Anything.Don’t Sign Anything.•Don’t Hide Your Disability.Don’t Hide Your Disability.

The Don’t RulesThe Don’t Rules

Page 30: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

If you are If you are arrested, arrested, you will be you will be handcuffed handcuffed behind behind your back.your back.

Page 31: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

You should always try to You should always try to stay away from unsafe stay away from unsafe people and places.people and places.

But if you are ever in But if you are ever in trouble, ask someone trouble, ask someone you trust for help.you trust for help.

Page 32: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

AcknowledgementsAcknowledgements This presentation was developed especially for North Carolina by This presentation was developed especially for North Carolina by

Partners in Justice, a statewide collaborative effort designed to assist Partners in Justice, a statewide collaborative effort designed to assist individuals with cognitive disabilities who are at risk of becoming individuals with cognitive disabilities who are at risk of becoming involved in the criminal justice system. The North Carolina Council on involved in the criminal justice system. The North Carolina Council on Developmental Disabilities provided grant funding to The Arc of North Developmental Disabilities provided grant funding to The Arc of North Carolina to support the project. Many different, excellent training Carolina to support the project. Many different, excellent training materials were researched and adapted with special consideration for materials were researched and adapted with special consideration for the specific needs of the citizens of North Carolina. the specific needs of the citizens of North Carolina.

Special thanks goes to the members of the PIJ Advisory Committee; Special thanks goes to the members of the PIJ Advisory Committee; George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Justice Now! Houchins, Project Coordinator, Justice Now! Of the People, By the Of the People, By the People, and For the PeoplePeople, and For the People; and, Ms. Diane Nelson Bryen and Ms. ; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Justice, for People with Beverly Frantz, National Academy for Equal Justice, for People with Developmental Disabilities, Institute on Disabilities at Temple University. Developmental Disabilities, Institute on Disabilities at Temple University.

Partners in Justice dedicates this presentation to the memory Partners in Justice dedicates this presentation to the memory of Deborah Greenblatt, Esq., a tireless advocate for people of Deborah Greenblatt, Esq., a tireless advocate for people with disabilities and charter member of the Partners in with disabilities and charter member of the Partners in Justice Advisory Committee.Justice Advisory Committee.

Page 33: RIGHTS and RULES “This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives.

The Arc of North CarolinaThe Arc of North Carolina4200 Six Forks Road, Suite 1004200 Six Forks Road, Suite 100Raleigh, NC 27609Raleigh, NC 27609919-782-4632919-782-4632

Project Staff: Project Staff: Marian HartmanMarian Hartman Ann ElmoreAnn Elmore

The Arc of North CarolinaThe Arc of North Carolina4200 Six Forks Road, Suite 1004200 Six Forks Road, Suite 100Raleigh, NC 27609Raleigh, NC 27609919-782-4632919-782-4632

Project Staff: Project Staff: Marian HartmanMarian Hartman Ann ElmoreAnn Elmore

This project is supported by The Arc of North Carolina and by the This project is supported by The Arc of North Carolina and by the NC Council on Developmental Disabilities and the funds it receives through P.L. NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

Partners in JusticePartners in Justice