Monday: October 20, 2025
There are complex intersections between criminal law, disability rights, and issues of benefits and fraud in the United States:
Disability Rights Issues:
– People with disabilities, especially intellectual and developmental disabilities, are at higher risk of mistreatment and coercion within the criminal justice system as suspects, defendants, inmates, or parolees.
– Disability rights advocates push for accommodations, accessible facilities/communications, and diversion to therapeutic programs rather than incarceration where appropriate.
– But some argue these accommodations give unfair leniency to disabled criminals. Difficult balance exists between rights, public safety, and punishment theory.
Public Benefits Fraud:
– Federal disability benefits through SSI and SSDI are important income sources for many people with disabilities.
– Prosecutors do charge those who intentionally fake disabilities to collect disability payments with fraud. Hard to prove “malingering” beyond reasonable doubt.
– Advocates argue federal definition of disability is already strict,genic, and does not need additional criminal deterrence.
Overall the law aims to balance punishment, safety, rights, and fraud prevention when dealing with intersections of criminal justice and disability. But tensions persist on where legal lines should be drawn.
