I don't normally have a thought that includes both the Death Penalty as well as my son Willie. But this piece came on NPR about whether or not those with Intellectual Disabilities could be eligible for the death penalty, and Willie immediately popped into my head. A sad indictment on his current state. This issue is being heard before the Supreme Court currently and is really about how to define Intellectual Disabilities, by state or federally. Read more here in this USA Today article about the current controversy in Texas. But what caught my attention was the statement about the high or borderline individuals with Intellectual Disabilities, those with IQ's in the 70's. And I immediately knew that Willie is considered high, for so many reasons, among them his eloquent ability to speak and interact with others, as well as his strong reading skills. And the idea that those with Special Needs may not be responsible for killing someone caught hold in my heart and thoughts and hasn't yet let me go.
If you read my blog regularly, you know that Willie is in a dark place. Read this post to catch up on his latest struggles that unfortunately include harming another individual: http://whoishetoday.blogspot.com/2016/11/willie-trumps-all-raising-son-with.html
We have been considering how responsible Willie is for all his actions as of late. For we thought we had all the supports in place, the social stories, the parent check-ins, the prompts, the extra staff, etc, yet Willie still charged his housemate. I realize now that we can talk to Willie till he is blue in the face, and sometimes it just doesn't matter. Willie said he just couldn't take living with him anymore and he just snapped.
This is the type of statement I imagine someone with Intellectual Disabilities might say, after they killed someone.
What I wonder about Willie is if he is not at fault for hurting his housemate, whom he despised, pushed his buttons, and clearly bullied him, then where do we go? For if Willie cannot be held to a standard of personal responsibility, how can we help him, prevent this from happening in the future, and keep him safe? And if God forbid, he ever truly harmed another person, what would happen then? For if Willie is not accountable for his actions, who is? The Brain Damage? And if so, can we give it the Death Penalty?
This is such a powerful post and I am so sorry that you, Willie and your whole family are having to cope with such serious and worrying issues. I am a mother of a young man with severe CP, so we don't share your particular behavioural challenges in our family (never underestimate the benefits of a physical disability I always tell my son). But I'm on a research group (Kids Brain Health) in Canada that this week supported a bill in parliament to have adults in the criminal justice with a diagnosis of Fetal Alcohol Spectrum Disorder treated differently in the system as a whole. I only mention this because one of the features of FASD is an inability to understand consequences and that's together with a high degree of impulsivity - aspects of behaviour that your son has also. Many people on the autism spectrum share these challenges. The bill failed to go through because the government wanted to create a 'comprehensive approach' (no one knows what that means) to managing people with developmental disabilities in the justice system. I don't know the answers to these very very difficult problems but I wanted to reach out a hand and also to propose that perhaps there are other diagnoses out there that might want to join hands (such as FASD which is a huge problem in Canada, especially in Aboriginal peoples). Btw, the added problem with FASD is that those afflicted have higher IQs but huge functional deficits and no understanding of their own behaviours. They do not learn from mistakes. I'm so sorry that you're going through this. I don't know what the answer is, but perhaps it lies in a champion for this cause within the justice system who could write a state or province wide policy - maybe start at that level. Good luck.
ReplyDeleteWow, thanks for sharing Donna. As it turns out, Willie has a good friend with FAS, who has many similarities to him. I agree the Justice System and the Medical System both need some major sensitization and training regarding adults with disabilities. Happy holidays to you, your family, and your lovely son.
ReplyDelete