Mental Disabilities Rights Argumentative Analysis

1744 Words 7 Pages
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
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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

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