How one legal team is building support for people with cognitive disabilities

Noah Cox, a lawyer successful nan Los Angeles County Public Defender's Office, formed nan neurocognitive upset squad built connected nan premise that situation is not ever nan correct spot for personification pinch this benignant of disability. Philip Cheung for NPR hide caption

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Philip Cheung for NPR

A fewer years ago, Noah Cox noticed thing astir immoderate of nan group he represented successful court. They struggled to communicate, deliberation logically aliases problem solve.

"I wanted to cognize their relationship of what happened, and I'd inquire them questions. And galore of them would struggle pinch a basal explanation," says Cox, a lawyer successful nan Los Angeles County Public Defender's Office. "It seemed for illustration they were having challenges related to immoderate benignant of intelligence ability."

What Cox was seeing was suggestive of a broader trend: Studies show group pinch intellectual and developmental disabilities are overrepresented successful nan nation's prisons and jails.

He group retired to break that pattern, forming a squad wrong nan nationalist defender's agency known arsenic nan neurocognitive upset team. It's a pioneering effort built connected nan premise that situation is not ever nan correct spot for group pinch these types of disabilities.

'A rhythm of being progressive successful nan system'

There are galore reasons why personification mightiness acquisition a cognitive impairment, including conditions specified arsenic Fetal Alcohol Syndrome, Down Syndrome, a traumatic encephalon injury, aliases an intelligence disability, which tin limit learning and mundane tasks.

But galore of Cox's clients were ne'er diagnosed pinch immoderate benignant of disability. That doesn't astonishment Leigh Anne McKingsley, elder head of disablement and justness initiatives for The Arc, a nonprofit that advocates for group pinch intelligence and developmental disabilities.

"Often nan disablement goes unrecognized," McKingsley says. "They could person gone done their schoolhouse strategy not ever really passing much, but it ne'er sewage documented."

Educational flyers astir cognitive disorders are displayed successful nan Los Angeles County Public Defender's office. Philip Cheung for NPR hide caption

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Philip Cheung for NPR

She says it tin beryllium easy for group for illustration this to autumn done nan cracks. That tin lead to trouble. Compared to nan wide population, group pinch intelligence and developmental disabilities are more apt to beryllium nan victims of convulsive crimes.

But that tin spell successful nan different direction, too.

"Often group pinch intelligence disabilities are misunderstood, and that tin lead to this rhythm of being progressive successful nan system," McKingsley says.

A personification pinch this benignant of impairment whitethorn not understand consequences aliases beryllium capable to discern who's a friend and who isn't. They tin beryllium highly suggestible, McKingsley says, and much easy led during a constabulary interrogation.

"They spell into a strategy that doesn't reside their disability. They astir apt travel retired overmuch worse and much apt to perpetrate much crime aliases get progressive pinch group that will," she says.

'I wasn't aware'

Jimmy is 56, and a autochthonal of East LA. He's wirey, pinch tattoos connected his cervix and glasses that are a small excessively large for his face. NPR is not utilizing his past sanction because he and his family worried astir nan stigma of his criminal record.

Jimmy 56, is simply a customer of Noah Cox and was granted diversion. He meets successful LA's Ladera Park pinch a time programme that useful pinch adults pinch disabilities. Philip Cheung for NPR hide caption

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Philip Cheung for NPR

For arsenic agelong arsenic he tin remember, he has been getting successful problem – pinch family, pinch teachers, pinch nan police.

"I wasn't alert of anything, that thing was moreover wrong," he says. "It took maine a while to understand things."

Jimmy has been homeless, struggled pinch constituent abuse, and been successful and retired of situation astir of his life. He came to Cox's agency connected a burglary charge. It was a 3rd strike, meaning he already had 2 convulsive felonies connected his grounds and would now look a harsher sentence.

"I retrieve gathering Jimmy," Cox says. "He was trying very difficult to show maine thing that was very important to him. But I could not understand what he was trying to say."

Cox asked nan judge to name a neuropsychologist to measure Jimmy. His first testing showed anemic cognitive skills, and an IQ debased capable to bespeak impairment.

"It became evident that this was personification who had a developmental disability, who had not been identified erstwhile he was young," Cox says.

'They were really trying to help'

Cox, on pinch a mini squad of paralegals, interns and societal workers, wanted to make nan statement that a diversion program, an replacement to prison, would beryllium much due for Jimmy.

Being diagnosed pinch a developmental disability, defined arsenic opening successful childhood, would make Jimmy eligible for California's location centers, a web that provides support to group pinch these conditions. Access to specified support could amended his chances astatine diversion.

People locomotion by nan Clara Shortridge Foltz Criminal Justice Center wherever nan Los Angeles County Public Defender's Office is located. Philip Cheung for NPR hide caption

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Philip Cheung for NPR

So nan squad gathered arsenic galore records arsenic they could, and interviewed Jimmy's family to get a consciousness of his childhood.

"They were really trying to thief him. And it was very caller to us," his sister Sylvia says.

Sylvia has ever known thing was different astir her brother. He was precocious to crawl and speak. He couldn't retrieve really to set nan bathtub h2o temperature. He struggled successful school. She says he started getting successful problem pinch constabulary earlier he moreover deed his teen years.

"I deliberation it was a self-fulfilling prophecy for him. The much he was branded bad, I deliberation nan much he became bad," she says.

After each nan interviews and tests, Jimmy was diagnosed pinch a mild intelligence disability, 1 he'd had since he was a child. He was 54 years old.

'I'm not disappointment anymore'

Skeptics of diversion opportunity they tin beryllium excessively lenient connected offenders. But Ricardo Garcia, nan nationalist defender who leads nan LA County office, says if done right, it tin reside a person's underlying issues, whether they're related to intelligence health, constituent abuse, aliases a cognitive disorder.

Los Angeles County Public Defender Ricardo Garcia says diversion tin reside a person's underlying issues, erstwhile done correctly. Philip Cheung for NPR hide caption

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Philip Cheung for NPR

"You springiness them intent and you thatch them nan skills for self-determination," Garcia says. "It's not telling individuals really to unrecorded their life better. It's showing them options truthful they go alert and tin determine for themselves pinch each nan champion accusation disposable to unrecorded nan life that astir group want to live."

Jimmy is now a 3rd of nan measurement done his two-year diversion plan. He lives successful a group home, attends therapy, and astir days he comes to LA's Ladera Park arsenic portion of a time programme that useful pinch adults pinch disabilities. His days are looking a batch different than they utilized to.

Jimmy is now viewing his life arsenic a cleanable slate. Philip Cheung for NPR hide caption

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Philip Cheung for NPR

"I spell to my therapy. I travel to this program. I'm engaged each nan time," Jimmy says. "All I tin opportunity is that it offers much than situation has to connection me, because I've conscionable changed my life completely. I don't moreover usage narcotics anymore. I'm not bum anymore. I'm not disappointment anymore. I've traded successful my life for a caller one."