Wrongful arrest due to seizure activity in public is a not uncommon complication for individuals with epilepsy and other seizure disorders, not caused by illicit behaviors. There are "2.3 million Americans living with epilepsy," (Guiden, 2003) all of whom at some time have experienced challenges associated with their disease and many of whom have been the victims of wrongful arrest and incarceration.
Yet, it seems that lack of awareness of the signs symptoms and the variety and degree of seizure activity can be the source of arrest and incarceration, that would coincide with those arrests made for such occurrences as drunken disorderly conduct or drug induced dementia. This work will address the problem of wrongful arrests for seizure-related behavior in public, the degree of the problem and some possible solutions to the problem.
In general peoples with seizure disorders have nearly always had to deal with concerns and conflicts associated with seizure activity that occurs in public. Not only do they have to deal with the stigma of the exhibition of uncontrollable behavior, they occasionally have to deal with the lasting effects of wrongful incarceration. Though steps have been taken over the last few years to address this problem, especially since the introduction of the American's With Disabilities Act, there are still many strides to take. "There have been many instances in which persons having seizures have been arrested and charged with such crimes as drunk and disorderly conduct, resisting arrest, unlawful entry, even assault on a police officer. ("Arrest for Seizure-Related Behavior," 2003, http://www.epilepsyfoundation.org/answerplace/Legal/criminaljustice/arrest.cfm)
The Epilepsy Foundation (EF) brought this serious problem to the attention of the House of Representatives Judiciary Committee during hearings on the Americans With Disabilities Act (ADA). In its final report, the Committee stated: In order to comply with the non-discrimination mandate, it is often necessary to provide training to public employees about disability. For example, persons who have epilepsy, and a variety of other disabilities, are frequently inappropriately arrested and jailed because police officers have not received proper training in the recognition of and aid for seizures. Often, after being arrested, they are deprived of medications while in jail, resulting in further seizures. Such discriminatory treatment based on disability can be avoided by proper training. ("Arrest for Seizure-Related Behavior," 2003, http://www.epilepsyfoundation.org/answerplace/Legal/criminaljustice/arrest.cfm)
In most cases seizure episodes will pass without need for intervention be it medical or otherwise but it is not uncommon for a public unaware of the problem to experience panic and call for assistance.
The visual and physical exhibition of a seizure of almost any type can be very disconcerting for someone who has not been exposed to it in the past and the disorientation that follows a seizure episode can leave an individual unable to clearly explain the problem or their needs. Professional assistance can then cost the individual with an already limiting physical disorder even greater conflict as he or she must then pay for services or in this case prove the medical condition once the episode has passed and the individual is recovering or fully recovered. "Complex partial seizures in particular are often misunderstood by police." ("Epilepsy: Legal Issues," 2001, http://userpages.umbc.edu/~gbryan1/epilepsy/legal.htm)
One particularly troubling issue associated with epilepsy and other seizure disorders is that many people who have these diseases have a further limitation of mobility in that they are often barred from obtaining driver's licenses, even in cases where the disease is medically controlled for long periods of time. Not only does this effect the ability of the individual to work and perform other tasks without conflicts it also exposes the individual to much more time in public situations. The standards for intervention, in some communities can often be troubling as this is yet another location, frequented by persons with seizure disorders that might expose them to possible unneeded and costly medical care or wrongful arrest.
Additionally, there may be challenges for individuals, with what is called a "hidden" disability to use assist animals, on public transportation, a growing trend in care plans for people who tend to have uncontrollable forms of the diseases associated with seizure behaviors. (Mathias, 1997, http://ntl.bts.gov/DOCS/96-0138-7.html) Though, the use of service dogs, despite the potential troubles associated with them could prove to be one of the most valuable additions to the fight to assist patients with seizure disorders in their ability to function more normally within their culture. Service dogs can act as an intermediary to seek help when it is really needed and provide basic information to witnesses and authorities with regard to the needs of the patient, experiencing seizure...
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