Essay on "Criminal Justice Issues ADA"

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Essay 4 pages (1296 words) Sources: 4

[EXCERPT] . . . .

Criminal Justice Issues

ADA and Criminal Justice Agencies - in the United States, the 1990 American's with Disabilities Act (ADA) was a huge step forward in Civil and Individual Rights that protects against discrimination and requires access to all public organizations. To broaden this, the ADA Amendments Act of 2008 (ADAAA) includes a major list of life activities and enhances the requirements for accessibility. Political and social changes after the Americans With Disabilities and other political changes have allowed people with differences to be more apparent in society as well as taking a more interactive role in all phases of society. Individuals in wheelchairs or with prosthesis interact with sight or hearing impaired individuals, and integrate with people of all walks of life in public and private buildings. The political and social structure -- requiring that these individuals have full access to all of society's basic standards, also result in the curriculum change necessary to both understand and embrace those differences within the school system (O'Brien 2004).

Broadly defined, an individual has a disability if they have something physical or mental that prevents them from engaging in a major activity that most people take for granted. The law already addresses equal employment opportunities, (Title 1 of the ADA), but other parts of the ADA are more focused to what is known as "reasonable accommodation." This means that if an individual is otherwise qualified for a position, their disability, or impairment, must not be a factor in being hired, promoted, or otherwise actualized within the position. For criminal justice, just as for other businesses, this translates
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into making reasonable accommodations -- modifying facilities, schedules, equipment or policies. However, and this is key, providing these accommodations is not required by law if it causes the organization undue hardship, which could be budgetary, logistical, or organizational. if, for instance, a building has 500 employees, 1 of whom qualified under the ADA. This employee needs a special and unique doorway to get into their particular office. This is a reasonable accommodation that should be accomplished without due hardship or budgetary issues. However, if that same employee required not only one door, but a special elevator, transportation, a schedule that meant they could not perform duties as needed by the public, and equipment that would cost several hundred thousand dollars, it is likely this would not fall under the ADA (Russell, 1992). The key is reasonable and the law is meant to enhance, not detract from the performance of a particular job. It is also designed to protect individuals who have unique skills from being excluded because of their disability.

For the criminal justice profession, ADA allows individuals with disabilities who are interested in the field to have a way to contribute their expertise to society and, also important, to become more visible. This visibility is quite important -- it allows children and adults to understand and interact with persons who may have a disability, but are otherwise completely free to perform important work; the more visible and enveloping society is about making accommodations, the more everyone sees that society is diverse, and productive, and the more a role model persons with disabilities can be. For example, in certain geographic areas, people may not be exposed to individuals who must use a wheel chair. Seeing that minor accommodations are all that are necessary to allow these individuals to perform duties, manage, in fact, do anything anyone else could do within the business or public-service world only enhances the very purpose of the ADA (Enforcing the ADA, 2000).

REFERENCES

Enforcing the ADA. (July 2000). U.S. Department of Justice -- Civil Rights Division.

Cited in:

http://www.ada.gov/pubs/10thrpt.htm

O'Brien, R., ed. Voices from the Edge: Narratives about the Americans with Disabilities

Act. Oxford University Press, 2004.

Russell, M. (1992). The Americans With Disabilities Act and Criminal Justice: An

Overview. The AEGIS Law Library. Cited in:

http://www.aegis.org/law/journals/1992/ALAW0024.html

Part… READ MORE

Quoted Instructions for "Criminal Justice Issues ADA" Assignment:

Based upon your readings from this unit, write a 1 - 2 page essay for each topic (below) using APA formatting.

1. Explain how job design in criminal justice agencies need to take into account the provisions of the Americans with Disabilities Act in making reasonable accommodations for it*****s disabled employees.

2. Discuss the rationale of the majority, concurring and dissenting opinions of Tennessee v. Lane, as to whether Congressional passage of the ADA exceeds its authority under Section 5 of the Fourteenth Amendment.

The Americans with Disabilities Act and Criminal Justice: An Overview

http://www.aegis.org/law/journals/1992/ALAW0024.html

Discusses what is considered to be the most sweeping civil rights legislation passed since the enactment of the Civil Rights Act of 1964, addressing the legislation*****s purposes and goals.

Enforcing the ADA: Looking Back on a Decade of Progress

http://www.usdoj.gov/crt/ada/pubs/10thrpt.htm

A Tenth Anniversary Status Report on the Americans with Disabilities Act published by the U.S. Department of Justice

Employment Laws: Disability & Discrimination

http://www.dol.gov/odep/pubs/fact/laws.htm

An overview of the five major federal laws that protect individuals with disabilities from discrimination in employment and the job application process.

Americans with Disabilities Act: Information for Law Enforcement

http://www.ada.gov/policeinfo.htm

A manual on compliance assistance materials to assist state and local law enforcement officers understand how to interact with victims, witnesses, suspects, and people who have disabilities.

Reverse Discrimination ***** Age

These articles deal with age as a factor in discrimination.

Is age-based *****'reverse discrimination*****' acceptable in the workplace?

Court rejects reverse age discrimination

Recent Developments In Employment Law

Tennessee v. Lane, 541 U.S. 509 (2004)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=02-1667

Issue: Whether Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 to 12165, exceeds Congress*****s authority under Section 5 of the Fourteenth Amendment.

Peak, K. (2010). Justice administration, police, courts, and correctional management (6th ed.). Upper Saddle River, NJ: Prentice Hall.

ISBN: 0135154375

Book Type: Physical Textbook

Stojkovic, S., Kalinich, D. & Klofas, J. (2007). Criminal justice organizations: Administration and management (4th ed.). Stamford, CT: Wadsworth Publishing/Cengage Learning.

ISBN: 0534645879

*****¢ The web sites:

o http://scholar.google.com/ and http://www.talkjustice.com/cybrary.asp

*****¢ Other research resources.

References to your sources should be cited using the APA format. All text pages should be double-spaced and in Times New Roman 12 font

*****

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