False Confessions: An Update on the Wisconsin Making a Murderer Case and People with I/DD in the Criminal Justice System - The Arc Wisconsin

False Confessions:
  An Update on the Wisconsin
  Making a Murderer Case and
People with I/DD in the Criminal
        Justice System

       The Arc Wisconsin Webinar
             July 10, 2018

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Your Presenters

   Lisa Pugh,          Ariel Simms, Program              Leigh Ann Davis,
                                                                                        Pam Malin, Victim
Executive Director     Manager and Attorney                  Director
                                                                                       Advocacy Specialist

The Arc Wisconsin     Criminal Justice Initiatives   Criminal Justice Initiatives   Victim Advocacy Program
                        The Arc of the United          The Arc of the United        Disability Rights Wisconsin
                                States                         States

                                                                  .

Housekeeping
• You can send questions using the chat box.
• We will reserve time at the end to answer questions.
• Webinar will be recorded with copy of recording sent to you
  along with slides. Slides will also be posted: https://arcwi.org/

• Technical Issues?
   – Email Lisa at Pugh@thearc.org
   – Some problems on apple iPad products.
   – Listen by phone and follow slides.

Overview
• The Arc’s National Center on Criminal
  Justice and Disability® (NCCJD®)
• Brendan Dassey: A Story of Justice Denied
• People with I/DD in the Criminal
  (In)Justice System
• Pathways to Justice®
• Wisconsin resources: DRW’s Victim
  Advocacy Program

About NCCJD
• Created in 2013 – grant from Bureau of
  Justice Assistance (BJA)
• Advocate at the intersection of criminal
  justice reform and the advancement of
  disability rights
  – Work on both victim/witness issues and on
    issues facing those who are charged with
    crimes

NCCJD’s Advocacy
• Training and technical
  assistance                  • Resource collection
   – For criminal justice
                                and creation
     professionals               – White papers, fact
                                   sheets, articles
• Information and
                              • Education
  referral (800+ calls)
                                 – Social media,
   – For people with               webinars, and
     disabilities and their        conferences
     families

                    Visit: http://www.thearc.org/NCCJD

Who is Brendan Dassey?
• Youth with cognitive and social
  disabilities
  – Special education services for speech
    and language impairments
• Scores “low average to borderline”
  on IQ tests
  – Verbal IQ test score: “well below
    average”
• Struggles with social
  comprehension and extremely
  introverted

Netflix’s Making a Murderer
• Steven Avery arrested and charged
  for the murder of Teresa Halbach
• Dassey interrogated 4 times in 48
  hours
• Eventually confesses to the crime
   – No physical evidence
• Dassey convicted of first-degree
  murder, sexual assault, and
  mutilation of a corpse

Brendan’s Confession
• “They got to my head.”
• “What happened to her head?”
  – https://www.youtube.com/watch?v=CzpLDLrA5iM

• Full Confession
  – Part I:
    https://www.youtube.com/watch?v=NYOaIDxirHE
  – Part II:
    https://www.youtube.com/watch?v=rJt6j5E1y_s

Moving Through the Courts
                           (2) Wisconsin Court of      (3) Federal district
(1) Brendan convicted
                               Appeals affirms         court declares the
 and sentenced to life
                           conviction; confession    confession involuntary
imprisonment in state
                                  allowed            and reverses Wisconsin
        court
                                                        Court of Appeals

                                          (5) Seventh Circuit
               (4) Seventh Circuit
                                            rehearing finds
                 affirms that the
                                         confession voluntary
                 confession was
                                           and reverses the
                   involuntary
                                             district court

U.S. Supreme Court:
          Justice Denied
• February 20: petition for writ of
  certiorari filed
• March–May: parties and amici file
  additional briefs
• June 21: judicial conference
• June 25: Court declines review of Dassey
  v. Dittman

Criminal (In)Justice
• People with emotional, physical,
  cognitive, or sensory disabilities are 44%
  more likely to be arrested before the age
  of 28
• People with mental disabilities are 8
  times more likely to falsely confess
  – Juveniles (like Brendan Dassey) are 4 times
    more likely to falsely confess

Criminal (In)Justice
• People with I/DD represent 4-10% of
  prison population, with even more in
  juvenile facilities and jails
  – Compared to 1.5% of general population
• 32% of prisoners and 40% of jail inmates
  have at least one disability
  – Compared to 11% of the general population

What YOU Can Do
• Learn more about the intersection of disability
  and criminal justice
• Support organizations like The Arc’s NCCJD
  – Sign up for emails and follow us on Facebook
  – View free webinars, download free white papers
  – Use NCCJD’s request assistance online form
• Offer training to raise awareness
 https://www.thearc.org/NCCJD/about/request-assistance

Pathways to Justice®
• Community-based program
  – Includes self-advocates and other key
    stakeholders
• Multi-disciplinary approach
  – Training for law enforcement, legal
    professionals, and victim services providers
• Disability Response Teams (DRTs)
           www.NCCJDpathwaystojustice.org

Disability Rights Wisconsin
       Victim Advocacy Program
The Victim Advocacy Program of Disability Rights Wisconsin
(DRW) provides direct service to:

 Individuals with disabilities
 Of any age
 Who experience crime, regardless if it has been reported.

The Victim Advocacy Specialists will ensure that each person
receives the advocacy, services, and support that is desired to
move forward, find justice, and obtain safety and stability in
whatever form the victim/survivor needs.

Co-Advocacy -
    Work together with local advocates to provide disability
           specific support, advocacy and resources

Services Provided Include:
                                   Co-Advocacy with Local
 Personal Advocacy                 Service Providers
 Victim Accompaniment             School Advocacy
 Information and Referral         Housing Rights
 Criminal Justice Support         Employment Victim Related
  (Law Enforcement, Courts)         Supports
 Advocacy within Civil            Access to Services (criminal
  Proceedings                       justice, victim services,
                                    disability services)
 Crime Victim Compensation
                                   Post Crisis Stabilization
 Crime Victim Rights
                                   Safety Planning

Other Information:
• Advocacy services are Free and Confidential to all
  victims of crime with disabilities and their families.
• Disability Rights Wisconsin has advocates available
  across the state.
• Victims of Crime with Disabilities and/or Families
  may contact DRW directly at 800-928-8778.
• System Providers can contact the Victim Advocacy
  Program with questions or Technical Assistance at
  608-267-0214 email: nrosen@drwi.org

Questions?
• Bring Pathways to Your Community:
   – Email NCCJDinfo@thearc.org
• Leigh Ann Davis
   – ldavis@thearc.org
• Ariel Simms
   – simms@thearc.org
 • Pam Malin
   - pamm@drwi.org