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ADHD and the criminal justice system: Understanding the challenges

Introduction

In the criminal justice system, you have certain rights and protections. But if you've been diagnosed with ADHD, you may find that those rights and protections don't always apply to your situation. That's because we live in a society where many people still don't understand what living with ADHD is like. As a result, police officers or judges may not believe that you have an ADHD diagnosis—or they think it doesn't impact your behavior. 

Here's what you need to know about how ADHD affects the criminal justice system:

What is Adult ADHD?

Adult ADHD is a neuro-developmental disorder that affects the way you think, feel and act. It's a chronic condition that lasts throughout your life, but it can be managed with proper treatment.

If you have ADHD, your brain does not function like most people's brains do. Because of this, you may have trouble paying attention to details and focusing on tasks at hand--even when they're essential to you or others around you. You might also forget things easily; be disorganized; struggle to complete projects on time; feel restless or impulsive; or have trouble sleeping at night due to worry about things that keep popping into your mind during the day (like work deadlines).

These symptoms make it hard for people with adult ADHD (also called ADD) to live up to their potential in school and at work--and they can lead them into trouble with police officers who expect them to follow the rules carefully even if they don't understand why those rules exist in the first place!

Symptoms of Adult ADHD.

There are many symptoms of adult ADHD, and they can be challenging to recognize. The most common symptoms include:

  • Difficulty focusing on one task at a time or keeping your mind on track with the conversation. (If you have this problem, it may seem like everyone else around you is more capable of multitasking.)
  • Impulsivity--you say things before thinking through what you want to say or do, often without considering how it might affect others or yourself in the future. This can lead to saying things that are hurtful or making decisions that cause problems later on in life. It also means having trouble waiting in line at the grocery store because there's always something else that needs to be done right now! Or perhaps impulsivity shows up in other ways: perhaps there was a time when someone walked into another room while talking on their phone and accidentally bumped into some furniture; this could indicate an issue with paying attention to where one is going while doing other tasks simultaneously (e.,g., walking).
  • Hyperactivity--This includes being fidgety throughout much of every day; having trouble sitting still during meetings even though others around them seem calm enough not to need cushions under their seats; needing constant motion such as pacing back and forth across rooms...etc.

Getting a diagnosis of Adult ADHD.

If you have been diagnosed with ADD as a child and are now an adult, it is essential to remember that the diagnostic criteria for ADHD in adults are different than those used for children. While many of the symptoms are similar, there are some key differences:

  • In children, symptoms must have been present before the age of 7 years old.
  • In adults, symptoms must have been present before age 12 years old (or 13 if still in high school).

Treatment for Adult ADHD.

Medication is a standard treatment for ADHD, but it's not the only one. If you're interested in treating your adult ADHD with medication, talk to your doctor about what might work best for you.

There are a number of different types of therapy that can help adults with ADHD manage their symptoms and improve their day-to-day functioning. These include:

  • Behavioral therapy--a type of psychotherapy that focuses on changing behaviors through rewards or punishments (e.g., using positive reinforcement)
  • Cognitive behavioral therapy--a type of psychotherapy that focuses on changing thoughts and behaviors by changing negative thought patterns (e.g., "I'm stupid" becomes "I am smart")

Other options include mindfulness training; relaxation techniques such as yoga; exercise; diet changes like cutting out sugar or caffeine; acupuncture treatments.

How Adult ADHD can affect your life in the criminal justice system.

ADHD can make it difficult to follow the rules, listen or pay attention, stay organized, and remember details. As a result of these challenges, people with ADHD may have trouble completing tasks on time and following instructions. Because of this, adults with ADHD may struggle in the criminal justice system as well.

Just because you have an ADHD diagnosis doesn't guarantee the justice system will understand or accommodate your condition.

The first thing to understand is that ADHD can be difficult to diagnose. It's not like having a broken toe or strep throat--it's not even like having cancer or diabetes. There are no tests for ADHD, so doctors must rely on patients' descriptions of their symptoms and behavior patterns over time, which can make it difficult for them (and their legal counsel) to determine whether someone actually has the disorder. Even if you do get an official diagnosis from a doctor, the criminal justice system may not believe you have a disability and know how best to respond at the moment when dealing with someone who has one.

The police may not believe you have a disability, and even if they do, they may not know how to respond to it at the moment.

The police may not believe you have a disability, and even if they do, they may not know how to respond to it at the moment. It's essential to be as clear as possible about your condition and needs. For example, if you're in handcuffs or being arrested for shoplifting at the mall and are having trouble standing still because of ADHD symptoms like fidgeting or hyperactivity, tell the officer that this is because of your disability (and provide them with any relevant documentation). Then explain how best they can help you stay calm while they're processing things: "I'm feeling very anxious right now; could we take just a moment?"

You may be required to take steps you don't fully understand or that are difficult for you as part of your sentence or release conditions.

You may be required to take steps you don't fully understand or that are difficult for you as part of your sentence or release conditions. For example, if you're on probation or parole, you'll need to comply with any treatment plan. For example, if your probation officer tells you that "the court has recommended you" (or other officials) for treatment for ADHD and substance abuse issues, then it's likely that this recommendation was made because of some evidence that the person has an issue with substance abuse and ADHD symptoms like impulsivity or hyperfocus/inattention.

If this happens:

  • Understand what is expected of them;
  • Ask questions so they can get clarification about what is being asked;
  • Make sure there isn't any conflict between what was ordered by the court vs. what was recommended by professionals at sentencing/release hearings.

If you're having difficulties with the criminal justice system, knowing more about your rights and advocating for yourself can help.

  • Know your rights. You have the right to remain silent and refuse to answer questions. If authorities want to speak with you, they must tell you that anything said can be used against them in court as evidence against them (this is called Miranda Rights). You also have the right to an attorney at any point during questioning or arrest; if law enforcement officials don't provide one, ask if there's anyone else present who can help you find one.
  • Know what to expect during questioning by police officers or detectives--and don't be afraid of asking questions! If someone is trying to intimidate or trick me into admitting something I didn't do? What should I do? How long will this take? Do they need my fingerprints? Are there other ways they could identify me without taking these prints? These are all valid concerns worth considering before making any decisions about how much information should be disclosed during questioning sessions; remember: no matter how insignificant it seems now (or even if nothing comes up), everything said during these conversations may later become part of official records which could potentially lead back towards us later down the road when trying to defend ourselves against false allegations made against us based solely upon hearsay evidence (which itself could come from our own words).

Conclusion

If you're having difficulties with the criminal justice system, knowing more about your rights and advocating for yourself can help. We hope this article has helped you understand some of the challenges that people with ADHD face in the criminal justice system and how they might be able to overcome them. It is important to remember that having an ADHD diagnosis does not mean you will end up in jail; it just means that the system might need to be approached differently than others do.