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This stems from a comment from a story where someone said, "Crimes against the disabled !". This lead me to say to myself, "How would someone know if another person had Asperger's?"
The person had Asperger's Syndrome and was accused of stealing. He was placed in handcuffs, and ridiculed around the store; however, they never found the missing items.
Please remember we aren't here to debate whether or not the punishment was appropriate. The debate topic is whether or not it can still be considered a crime against a disabled person if you didn't know they were disabled?
What is the crime here? Is it because they accused without proof, or because they hassled him? Seems to me, it would be just as awful if it happened to a non-Asperger's person!
The "disability" seems to have nothing to do with it!
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This one cuts in a few directions.
If the employer had no evidence suggesting the person had a disability, then I can't see any grounds for intent or careless indifference to their fundamental rights.
However, if the employer learned later that the person was disabled, the employer should offer to hire them back. At the very least, they should vouch for the disabled person with a vocational rehabilitation service.
I won't comment about the appropriateness of the punishment, as the OP requested.
What is the crime here? Is it because they accused without proof, or because they hassled him? Seems to me, it would be just as awful if it happened to a non-Asperger's person!
The "disability" seems to have nothing to do with it!
I think shouldn't have posted the story because I didn't want to debate about it. The topic is whether or not it should still be considered a crime against a disabled person if you didn't know they were disabled.
Quote:
Originally Posted by texdav
Look at the intent to find what mental state is require with whatever crime. Knowingly; intentional; criminal negligence and recklessly are the four.
Good point.
Quote:
Originally Posted by Phil75230
This one cuts in a few directions.
If the employer had no evidence suggesting the person had a disability, then I can't see any grounds for intent or careless indifference to their fundamental rights.
However, if the employer learned later that the person was disabled, the employer should offer to hire them back. At the very least, they should vouch for the disabled person with a vocational rehabilitation service.
I won't comment about the appropriateness of the punishment, as the OP requested.
I agree. And thanking for not mentioning the details of the article.
Not exactly sure what's going on here, but there seems to be an issue.
OP or another interested poster, if you want to discuss what I suspect is supposed to be the intended debate of this thread - Should a person be held criminally or civilly responsible for not accommodating a person's disability if that disability isn't clear - then I think this thread probably needs to be restarted. Among other things, you need to explain what you mean by crimes against the disabled or change how you word it if you are talking about repercussions, whether in actual court or the court of public opinion, as a result of non-accommodation.
Just start a new, revised thread, if you want.
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