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How does being deaf affect a child intellectually
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Another facet to this concept of competency restoration is the idea of predicting restorability. The groundbreaking case Jackson v Indiana (1972) dealt with the issue of pre-trial involuntary commitment of an incompetent individual. Theon Jackson, a deaf-mute was charged with petty theft. During his competency evaluation, the physicians determined that Jackson’s intelligence was too low, he was therefore incompetent, and had a very small chance of competency restoration even if he were not a deaf-mute. Jackson was then involuntarily committed to a psychiatric hospital. An appeal was then filed, arguing that Jackson’s right to equal protection and due process under the Fourteenth Amendment were violated. The Supreme Court’s ruling is as
In a Georgia Court, Timothy Foster was convicted of capital murder and penalized to death. During his trial, the State Court use peremptory challenges to strike all four black prospective jurors qualified to serve on the Jury. However, Foster argued that the use of these strikes was racially motivated, in violation of Batson v. Kentucky, 476 U. S.79. That led his claim to be rejected by the trial court, and the Georgia Supreme Court affirmed. The state courts rejected relief, and the Foster’s Batson claim had been adjudicated on direct appeal. Finally, his Batson claim had been failed by the court because it failed to show “any change in the facts sufficient to overcome”.
In 1973 a thirty-three year-old Caucasian male named Allan Bakke applied to and was denied admission to the University of California Medical School at Davis. In 1974 he filed another application and was once again rejected, even though his test scores were considerably higher than various minorities that were admitted under a special program. This special program specified that 16 out of 100 possible spaces for the students in the medical program were set aside solely for minorities, while the other 84 slots were for anyone who qualified, including minorities. What happened to Bakke is known as reverse discrimination. Bakke felt his rejections to be violations of the Equal Protection Clause of the 14th amendment, so he took the University of California Regents to the Superior Court of California. It was ruled that "the admissions program violated his rights under the Equal Protection Clause of the 14th Amendment"1 The clause reads as follows:"...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws."2 The court ruled that race could not be a factor in admissions. However, they did not force the admittance of Bakke because the court could not know if he would have been admitted if the special admissions program for minorities did not exist.
This is especially true in misdemeanor cases, where many defendants plead guilty. Civil commitment standards and the practice of deinstitutionalization have funneled many people who previously would have been civil patients into criminal courts. As a result, many defendants now evaluated for competency are charged with only minor misdemeanors (Winick 1995). Defendants arrested petty offenses, such as disorderly conduct or shoplifting, can usually plead guilty which usually results in a small fine. However, those defendants are found incompetent to stand trial, they could face months of incarceration in a jail or in a maximum security mental hospital. If the defendant is restored to competency and returned to court, they probably will accept the same plea bargain. The degree of competency required of the defendant should be relatively modest when making a guilty plea imposes minimal consequences on the defendant. When consequences could be more substantial, like a felony conviction carrying a lengthy prison sentence, the degree of competency required to plead guilty should be higher. In cases which defendants seek to plead guilty to a capital offense, subjecting themselves to a possible death sentence, should necessitate an extremely high degree of competency and
In 2002, the Court decided Atkins and opened the door for defendants to challenge their sentence using Atkins claims. Hall filed such a motion in 2004, but the evidentiary hearing to reexamine the mental retard...
According to Weis/Tappen (2010) competency is defined as “the demonstrated ability to carry out specific tasks or activities with reasonable skill and safety that adheres to the prevailing standard of practice in the nursing community” (p. 262). To be competent a person should be able to perform a set skill at an expected level. Pertaining to nursing, competence is shown by skill provided in healthcare with safety and understanding of how it is to be performed. The nurse is responsible for continuing competency throughout his/her career in order to meet the performance level set by the healthcare facility they are employed by.
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
The case McWilliams v.s. Dunn is about the conviction of James McWilliams, who was sentenced to death. During the trial, McWilliams made it known that he has mental disabilities which are said to have a significant fact at trial. McWilliams was then granted what is known as Ake which is short for the clause of Ake v. Oklahoma stating that “once the defendant demonstrates that their sanity at the time of offense has a significant fact in trial that the state must provide the defendant with access to a competent psychiatrist who will conduct an appropriate examinations and evaluations which will aid in the presentation of defense.”
Incompetency describes individuals who are currently unable to stand trial due to various factors. Incompetency can be a mental disorder, cognitive impairment, or intellectual disability. Defendants who are deemed incompetent are able to postpone their trial until their competency is restored. Two treatments used to restore competency are psychotropic medications and educational treatment programs.
The case of People v. Smith (1991) is a case settling the question of whether or not a past juvenile record could be used in the sentencing of an adult offender. The defendant, Ricky Franklin Smith, was convicted on his guilty plea to breaking and entering and being a habitual offender, fourth offense. His contention is that he should have been resentenced because the presentence investigation report contained an expunged juvenile record; he based his argument on Michigan Court Rules (MCR) MCR 5.913, now MCR 5.925(E) Expungement of Records, and believed that it could not be used and prejudiced the court.
The issue of juvenile competency began to form in the early 1990's from a dramatic increase in violent offenses by juveniles. A juvenile offender can be technically classified as "incompetent" for a number of reasons: developmental immaturity, mental illness, too young, or in the state of emotional shock. A criminal defendant MUST be capable of meaningful participation in his defense and must be able to make decisions, such as exercising or waiving important rights. Further, the criminal defendant must posses the ability to understand the charges, the trial process, other participants' rol...
Contentions of the Parties: The State Supreme Court acted on the grounds that Mr. Hendricks’ condition appeared to be substantial enough to satisfy the due process requirement that involuntary civil commitments must be predicted on a mental illness finding. Hendricks appealed and argued that his commitment violated his due process rights, as well as his protection against double jeopardy
In 1927, there was an infamous Supreme Court case in Virginia that would be controversial and affect the lives of the mentally ill for many years. This was known as the case, Buck v Bell, which ruled in the favor of the sterilization of Carrie Buck, who was deemed “mentally unfit” to reproduce (Caldwell 1). Justice Oliver Wendell Holmes Jr. ruled that it did not violate the Fourteenth Amendment and quotes that “three generations of imbeciles are enough” (Wright 1). This court case led to an improper decision for Carrie Buck due to a law that negatively impacted the entire United States because it limited the rights of mentally challenged citizens in history for a large part of the remainder of the twentieth century.
Stateman, Alison. "Lawsuits by the Disabled: Abuse of the System?" Time. Time Inc., 29 Dec. 2008. Web. 21 May 2014.
These are the skills and competencies I have learned through my studies at Walden University. Kaslow, Grus, Campbell, & Fouad, et al. (2009) stated professionalism comes from my respect for those who need help. Integrity can be built with confidence in the therapist. Attitudes are charitable, polite, caring emotions toward others that fuel my motivation toward helping. This concern welfare of others comes from my religious and personal experiences as a child and young adult.