Mental Disabilities Rights Argumentative Analysis

Great Essays
Introduction
Every person is different. Some differences you can see, some you cannot. They think differently react and respond differently in every situation that either gets thrown at them or the predicament they put themselves in. Individuals accept flaws and accept the different reactions from each unique situation whether we believe in the way they think or the way an individual may have reacted we as humans blow it off and move on with what we feel is the most appropriate response. It is not until an individual as a committed a crime or an act of deviance before people find it difficult to “brush off” the opinion of the felon. Suddenly people react in such an uproar thinking that no matter what the felon has to say it is completely false
…show more content…
Without the help of professionals aiding in the prosecutions and trials of the criminals with the disabilities. There is very little to no justice for not only criminals but also any individuals with mental disabilities.
One the individual has the potential to be incarcerated the following laws can attempt to protect a citizen with a learning disabilities rights. When a Learning Disabled defendant faces incarceration, the defense attorney is in an excellent position to assume an advocacy role in alerting prison officials of the client's condition. It is suggested that all diagnostic reports be forwarded to the Reception Center as a means of alerting staff to the presence of a disability. Making sure there is disability documentation in an inmate's file will eliminate the burden of his having to prove this status to receive fair accommodation as mandated by the Americans with Disabilities Act (ADA). ADA accommodation impacts a variety of prison programs and activities, including vocational training, hearings, and other aspects of daily prison life. Additionally, under the federal IDEA law (Individuals with Disabilities education Act, formerly PL 94-142), prisons have a legal obligation to provide continued special education services to inmates less than 22 years of age who enter the system with active remedial education contracts (Individualized Educational Plans, or IEPs). Although these accommodations are made for individuals many individuals don’t want their disability known in fear of how other inmates may react negatively to

Related Documents

  • Superior Essays

    The Thoughtless Killing Of John Fulton; The Kimberly Noyes Case After the brutal murder of John Fulton an autistic twelve-year-old boy, Kimberly Noyes was declared not criminally responsible due to mental disorder. This is a Canadian law that states, “No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. ”(Canadian Criminal Procedure, 2013) This verdict may be shocking at first, because of the brutality and age of the victim involved. There is also an added element of a developmental disorder with the young boy suffering from autism.…

    • 1221 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Est1 Task 2

    • 611 Words
    • 3 Pages

    As a part of the Individuals with Disabilities Education Act (IDEA) Part B State Monitoring and Compliance System all SEA’s and LEA’s must report on compliance with the federal regulations. The SEA’s role is to set high expectations, provide resources and support, and exercise accountability to ensure all residents receive an appropriate education. The IDEA Part B regulations at 34 CFR §300.600 require the SEA’s to monitor the implementation of IDEA Part B, make annual determinations about the performance of each LEA, enforce compliance with IDEA Parts B and C, and report annually on the performance of the SEA and each LEA. The primary focus of the SEA’s monitoring activities must be on improving educational results and functional outcomes for all children with disabilities and ensuring LEAs meet the program requirements of IDEA Parts B and C. In exercising its monitoring responsibilities, the SEA must ensure when it identifies noncompliance with the requirements of IDEA Parts B and C by LEAs, the noncompliance is corrected as soon as possible, and in no case later than one year after the SEA’s identification of the noncompliance.…

    • 611 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Today’s Lennie Small As of 2011, 15% of the world’s population which is about 785 million people and about 5% are children. Most of those people with disabilities are treated with care and respect but there is a small amount of them are abused emotionally and physically. According to the “World Health Organization” adults with disabilities are 1.5 times more likely to be victimized by violence than those who do not have a disability. Mentally challenged people in today’s society are sometimes treated better and sometimes worse than Lennie Smalls in “Of Mice and Men.”…

    • 397 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Stuck in the Neutral is a novel written by Terry Trueman is centered around the subjects of Cerebral Palsy, the value of human life, and the stigma of euthanasia. The main character Shawn McDaniel, who happens to also be the narrator gives us insight into his life. “My life is like one of those “good news—bad news” jokes . . . In the jokes, it’s always the good news first, so here goes . . .”…

    • 1887 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    Moore V. Texas Case Study

    • 1088 Words
    • 5 Pages

    Health and medical institution have defined mental retardation as the brain development disability. It is the intellectual functioning level of a person that is below average and has significant limitations on decision making. Therefore, a person with a mental retardation should not face the same conviction and penalties as normal individuals. The Texas judicial system should apply the clinical practice’s standards when placing the intellectual impairment of the defendant.…

    • 1088 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    In 1990, the federal government enacted the Americans with Disabilities Act statute requiring prison facilities to provide accessible and usable by persons with disabilities. The Standards of the American Correctional Association (ACA) published operational standards designed to enhance correctional practices for the benefit inmates, staff, administrators, and the public. ACA standards provide a guide in operating jails and prisons effectively as self-contained communities in which all necessary goods and services are provided in a safe, secure, and controlled manner. Last but not least is The Center for Prisoner Health and Human Rights striving to improve the health and human rights of criminal justice populations by effectively address the dimensions of public health and human rights crisis of the prison population into law, policies, and practices. One of their goals is to advance the continuum of health care for prisoners from admission through their release into the…

    • 1652 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    In Massachusetts, Mandated Reporters can be fined up to $1,000 for inability to report occurrences of associated abuse and disregard with kids, senior citizens, and people with disabilities. The inability to report crimes and rates of suspected abuse and neglect submitted against people with handicaps can bring about extreme outcomes for the claimed casualty, other potential casualties, and the Mandated Reporter. Victims of abuse and disregard are at expanded danger of further abuse, in the event that it goes unreported. The recurrence and seriousness of abuse and neglect are probably going to increment after some time if no intercession is made.…

    • 117 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    If they are sent to jail, there must be special programs and conditions for each individual, so that they are kept safe and out of harm’s way. Also when someone with a disability gets arrested, they should have proper identification, so that they will be treated with what they need. Officers and staff members need to be taught how to socially interact with the disabled, so that anything that is said is not misinterpreted in any way. Hayes writes, “Offenders with learning disabilities are likely to have a constellation of difficulties in their lives, including an increased rate of physical health problems, poverty, poor accommodation, lack of social support, vulnerability to mental illness, and communication difficulties, as compared with non disabled offenders” (Hayes 151).…

    • 2391 Words
    • 10 Pages
    Improved Essays
  • Improved Essays

    Explain ways in which healthcare services should make ‘reasonable adjustments’ to ensure that they provide equal access to individuals with learning disability. Disability Discriminatory Act alongside with the Equal Act gives the legal entitlement to people with learning disability to have access to public services provided by the NHS. They also have a legal duty to ensure they make reasonable adjustment to allow access to people with learning disabilities in the same manner they would with people without disabilities by removing barriers to access health services and make alternation to policies procedures when and if necessary Information should be deliver in a format that people with learning disabilities can understand, services should work in partnership with families and external agencies, services and staff should have awareness about capacity, consent and advocacy. Service delivery should be follow by follow ups, individuals should be fully involved in the whole process around treatment and care. 5.…

    • 477 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    As I am a deaf person myself. I was born as profoundly deaf and the reason was unknown. It was probably my ear didn’t develop yet when my mom gave a birth to my sister twin and me earlier. Deafness means people can’t hear or speak. The word of deafness itself is automatically the part for the disabilities in hearing peoples’ view.…

    • 1358 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Liberty can be defined as governmental, protected freedom of discrimination from both society and the government. Based off the support of many powerful politicians, the number of acts passed over several years, and the various programs created by the government, people with disabilities primarily gained liberty through governmental assistance beginning in the 1930’s. Throughout the 1900’s people with disabilities were viewed by society as feebleminded, useless, tragic, evil, and as defective human beings. They were discriminated in many areas such as education, employment, public transportation, voting, and availability of treatment or rehabilitation.…

    • 1086 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    I think you have seen them before. That little kid bound to a wheelchair because he has a disability that paralyzed his legs. He will never walk. That old man who still lives with his mother, who has a brain deficiency. And that lady who walks around town just watching talking in gibberish and never changing.…

    • 1175 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    1. What were the two main findings in the PARC Case (1971)? The case of Pennsylvania Association for Retarded Children (PARC) v. the Commonwealth of Pennsylvania consists in a sue against a state law which denied access to education to children with disabilities who have not reached the 5 year old mental developmental. The two main findings in this case are the right of students with mental retardation to receive free public education and, as long as possible, include this kind of students in a regular classroom rather than an isolated special class.…

    • 1319 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Education is important and extremely valued within American society, although students with disabilities have struggled with getting the opportunity to have the same fair, appropriate education as their nondisabled peers. In 1975, the Education for All Handicapped Children Act (EHA) was enacted and public schools began to provide accommodations for students with disabilities. The Individuals with Disabilities Education Act (IDEA) replaced the EHA in 1990, and it was designed to place more focus on the individual’s needs. Disabled students have benefitted greatly from IDEA since it was enacted 26 years ago. IDEA has immensely changed the way students with disabilities receive an education.…

    • 605 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Disability Movement Essay

    • 1472 Words
    • 6 Pages

    Throughout many years of history, those with disabilities were not always treated fairly or given equal opportunity. Activists around the world have worked together to achieve goals such as increased access to all types of transportation and a safer day to day environment. Equal opportunities in employment and education have been a big part of their efforts too. For many years, children with disabilities were many times segregated and not given an equal opportunity for a chance to learn and succeed in school. A disability should not limit a person’s choice to improve themselves and their intellectual capabilities.…

    • 1472 Words
    • 6 Pages
    Improved Essays