Key Takeaways
- LA County Public Defender Noah Cox created a specialized unit for clients with cognitive impairments.
- Individuals in prison are significantly more likely to have a disability, particularly cognitive ones.
- Unrecognized cognitive disabilities increase vulnerability to crime and involvement in the legal system.
- Diversion programs offer an alternative to incarceration by addressing defendants' underlying cognitive issues.
- The long-term effectiveness of new criminal justice diversion programs is currently being evaluated.
Deep Dive
- NPR's Aisha Roscoe introduces a story on the intersection of disability rights and the criminal justice system.
- LA County Public Defender Noah Cox observed clients struggling with basic crime-related questions, suspecting intellectual difficulties.
- Many of Cox's clients, despite committing serious crimes, had never been identified as disabled or offered resources for cognitive impairments.
- Cognitive impairments can arise from strokes, brain injuries, dementia, and developmental disabilities like Fetal Alcohol Syndrome and Down Syndrome.
- Statistics show individuals in prisons are twice as likely to report a disability, particularly cognitive impairments.
- These individuals are also over twice as likely to be victims of violent crimes, highlighting a dual vulnerability.
- Leanne McKinseley of The ARC notes invisible cognitive disabilities often go unrecognized or dismissed, leading to a lack of proper support.
- Individuals with unrecognized cognitive disabilities may struggle with judgment and be highly suggestible, increasing their risk of victimization or trouble with the law.
- Poverty can exacerbate challenges for individuals with unrecognized cognitive disabilities, contributing to their legal risks.
- LA Public Defender Noah Cox established a specialized unit in 2021 to represent individuals with cognitive impairments, reportedly the only one of its kind in the U.S.
- The unit consists of Cox and two social workers, operating with support from volunteer lawyers and law clerks, but without a separate budget.
- Its process involves a referral system for public defenders to identify clients with potential cognitive impairments.
- Initial cognitive testing for referred clients is coordinated with local graduate students to assess impairments.
- Jimmy, a 56-year-old from East LA with a history of homelessness, drug abuse, and arrests for theft and sexual assault, underwent cognitive testing.
- Noah Cox initiated an evaluation for Jimmy, revealing cognitive impairments, weak memory, executive functioning issues, and an intellectual disability, forming an argument for diversion.
- Cox's team presented a plan for Jimmy to access California's regional centers, which provide support services for developmental disabilities, requiring evidence of his lifelong disability.
- Jimmy's sister, Sylvia, described his lifelong struggles, developmental delays, abusive childhood, and lack of support, contributing to his legal difficulties.
- Interviews with Jimmy's family secured his eligibility for California's regional centers, leading to the judge and prosecutor agreeing to diversion for his burglary case.
- Jimmy, despite being over 50, was accepted into a regional center program, receiving a group home, mental health treatment, and a day program instead of a 25-year prison sentence, under a strict two-year plan.
- Critics question diversion programs, arguing that individuals who have caused harm should face punishment.
- Lisa Dugard explains that effective diversion programs must address underlying issues and be robust enough to prevent future harm.
- Without sufficient support, diversion programs risk being perceived as ineffective leniency, undermining public safety.
- To ensure success, Dugard emphasizes establishing victim and witness safety, followed by providing housing, healthcare, social connections, and purpose for the individual.
- These comprehensive support systems require significant resources, often challenging for underfunded public defender teams.
- The effectiveness of the Los Angeles diversion program is currently undetermined, being only a few years old with no long-term results tracked.
- The program has consulted over 500 cases and granted diversion to more than 30 individuals.
- Defining success metrics for the program, such as avoiding probation violations or misdemeanors, remains challenging.
- Jimmy, halfway through his two-year diversion program, is facing closer court monitoring due to inconsistent medication adherence.
- An individual in a diversion program reports the experience has changed his life, leading him to stop using drugs, find housing, and feel less frustration.