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FASD and Legal Rights Awareness Card

The document discusses the Miranda Rights and how they are intended to protect individuals from self-incrimination during police questioning. However, individuals with fetal alcohol spectrum disorders (FASDs) have difficulty understanding legal concepts like Miranda Rights due to brain damage caused by prenatal alcohol exposure. As a result, they are more likely to unwittingly waive their rights or confess to crimes they did not commit when questioned by police. The document recommends that individuals with FASDs carry medical information cards explaining their condition to show police in order to prevent self-incrimination and ensure their rights are protected if questioned. It provides an example text for the front of such a card and suggestions for emergency contact information on the back.

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24 views1 page

FASD and Legal Rights Awareness Card

The document discusses the Miranda Rights and how they are intended to protect individuals from self-incrimination during police questioning. However, individuals with fetal alcohol spectrum disorders (FASDs) have difficulty understanding legal concepts like Miranda Rights due to brain damage caused by prenatal alcohol exposure. As a result, they are more likely to unwittingly waive their rights or confess to crimes they did not commit when questioned by police. The document recommends that individuals with FASDs carry medical information cards explaining their condition to show police in order to prevent self-incrimination and ensure their rights are protected if questioned. It provides an example text for the front of such a card and suggestions for emergency contact information on the back.

Uploaded by

mofasorg
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Social Services Adult Legal

The Miranda Rights


The Miranda Rights are a set of statements the police are required to read to individuals before questioning them in relation to any accusation. The Miranda Rights protect an individual against self incrimination by informing them of their rights. The basic statements are: 1. You have the right to remain silent 2. Anything you say can be used against you in a court of law 3. You have the right to have an attorney present now and during any future questioning 4. If you cannot afford an attorney, one will be appointed to you free of charge by the court Individuals with an FASD tend to have a lack of understanding about the legal system and are particularly vulnerable to self incrimination. It is important that an individual with an FASD inform the police of his or her disability and have an attorney that understands the nuances of FASD. One strategy to prevent self incrimination is to have individuals with an FASD carry a card with medical information for the police. Here is an example of the text you might include on the front of the card from the American Bar Association: MEDICAL INFORMATION FOR POLICE I have one of the Fetal Alcohol Spectrum Disorders, a birth defect that resulted in brain damage. If I need assistance, or if you need my cooperation, you should contact the person listed on the back of this card. Because of this condition, I do not understand abstract concepts like legal rights. I could be persuaded to admit to acts that I did not actually commit. I am unable to knowingly waive any of my constitutional rights, including my Miranda rights. Because of my disability, I do not wish to talk with law enforcement officials except in the presence of and after consulting with an attorney. I do not consent to any search of my person or property. On the back of the card, include emergency contact information and the name of the individuals doctor and/or diagnostician. For more information, visit the American Bar Association website. For another example of an FASD medical card, click here.

My older son with ARND got pressured into helping with a robbery. When the two guys and my son were apprehended, the other two blamed the robbery on my son. He readily admitted that he was the main culprit in committing the robbery. He took the full blame when questioned. I have given my son and his younger brother laminated cards for their wallets. We have talked many times about taking the card and house keys, with a reminder not to talk to the police unless I am there and say it is okay. -Brad, parent

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