Mirandizing People with Intellectual Disabilities, interview by Gahiji Barrow with Janet Hays

[ Audio: 23min ]

Anne Morel's son "Davey" is currently incarcerated in Louisiana after police interrogated and Mirandized him without the presence of a guardian or lawyer. Davey has a disability such that he has the intellectual acuity and curiosity of a 12-year-old, and he was unable to understand his constitutional rights as local New Orleans detectives interrogated him. Davey unknowingly waived them all.

"An adult should be present to help those like Davey understand their rights, particularly the right to have a lawyer present during questioning," says Josephine Heller, a lawyer with Manasseh, Gill, Knipe, and Belanger. Heller began her service to Morel's family in the judicial system, where it was immediately clear there is a need for judicial reform in how the law treats people with mental health issues and intellectual disabilities. Heller and Morel connected with Louisiana state Senator David Heitmeier to pen legislation that would ensure this. The legislation is in its infancy stage and will be introduced in the next session.

Morel and Heller are hopeful that this legislation would help protect one of the most criminalized peoples in Louisiana, people with mental health issues, from losing their constitutional rights. After reading the nola.com Op-Ed "Don't build a bigger jail. Focus on community care for mental illness: Janet Hays" Morel and Heller reached out to Janet Hays, to develop a common purpose and broaden the scope of their legislative mission.

Read the nola.com Op-Ed "Don't build a bigger jail. Focus on community care for mental illness: Janet Hays" here:
http://www.nola.com/politics/index.ssf/2015/08/orleans_jail_mentally_ill.html