We often get thought provoking and controversial questions here at ACCESS. Our most recent question is a prime example of this. Let’s explore how age discrimination may play into incarceration decisions per the American’s With Disabilities Act (ADA).
QUESTION: If a 25-year-old is incarcerated for 4 years and a 70-year-old is incarcerated for an equal crime for 4 years, is that age discrimination?
ANSWER: The answer to this questions falls within the jurisdiction of the Civil Rights Law of 1964, ADA Amendment Act of 2008 as follows.
TITLE 42 – THE PUBLIC HEALTH AND WELFARE
CHAPTER 126 – EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
Sec. 12101. Findings and purpose
(a) Findings
The Congress finds that
(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination
Sec. 12101 note: Findings and Purposes of ADA Amendments Act of 2008, Pub. L. 110-325, § 2, Sept. 25, 2008, 122 Stat. 3553, provided that:
(a) Findings
Congress finds that-
(2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers
Again, the question is, if a 25-year-old is incarcerated for 4 years and a 70-year-old is incarcerated for an equal crime for 4 years, is that age discrimination?
In the opinion of ACCESS, judicial sentencing is predicated upon life remaining; therefore, we do have age discrimination with this scenario. It is obvious that the remaining life of a 25-year-old is much longer than that of a 70-year-old. A simple mathematical formula will give you an answer for each age.
What do you think? Share your thoughts in the comments!