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  • 标题:A Use of Deadly Force
  • 本地全文:下载
  • 作者:Paras V. Shah
  • 期刊名称:Harvard Human Rights Journal
  • 印刷版ISSN:1057-5057
  • 出版年度:2019
  • 卷号:32
  • 页码:207-221
  • 出版社:Harvard Law School
  • 摘要:Law enforcement officials are trained to de-escalate tensions and refrain from theuse of lethal force when possible. Yet during police encounters, people with disabilities,and particularly those with mental health conditions, experience fatal violence at adisproportionate rate compared to other populations. The federal Courts of Appealsare split on whether the Americans with Disabilities Act (“ADA”) applies to policearrests, and in 2015 the United States Supreme Court declined an opportunity toaddress the question directly. Now, in 2019, the Court may once again consider thequestion. This Note attempts to explain why people with mental health conditionshave such frequent and violent encounters with police. It also argues that whilefederal courts remain divided on what the ADA requires, this uncertainty createsspace for state and local police departments to serve as “laboratories” and developprogressive procedures that respect the rights and dignities of people with mentalhealth conditions..
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