this is a question that was put to me by my doctor...
when a person is put on a 24 hour curfew and is not allowed to leave the address where they have been curfewed to,is it legal to take away this persons rights?
they cant go anywhere without first asking permisson from the courts,and they are missing out on medical treatment due to this order....
this person also suffers post traumatic stress,and finds that not being able to take a walk to clear his head is causing him to relapse...
can anyone give any advise please....
2006-12-06 23:52:07 · 18 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
The courts can require a person to be on a curfew. A person is not able to try to get out of facing their punishment due to a disability or medical condition. HOWEVER, if a person is in need of medical attention and not receiving this medical attention, then you can fight this issue. The person should get medical attention that is required WHILE serving time, in prison, jail or under house arrest!
The fact this person is unable to walk around to clear his head outside, I think that will be a weak argument. The other option is being in jail. Personally, I rather stay at home. You can't use that as a medical reason, because they will find another way to have the person finish their sentence.
The advice I have is to have this person contact his lawyer. They need to help accommodate the person so they can get their health taken care of and work around the curfew. Also encourage this person to DOCUMENT everything and keep close records.
My husband is in prison and need open heart surgery. Currently we are trying to get him taken care of and he will die. The prison is being very difficult at this time. Too many people try to get out of following through their sentencing using a bogus medical issues. So the courts want everything documented and have proof that their medical issue is real and legitimate. Once they establish that then they can proceed with taken care of the medical attention and work around the sentencing.
2006-12-07 01:55:53 · answer #1 · answered by Erica, AKA Stretch 6 · 0⤊ 0⤋
My understanding even on house arrests and curfews put in place by the courts, there are special circumstances concerning recieving medical treatment. Can you leave your house everytime you get a headcold and go anywhere you want, no. Chances are this would not cover cosmetic surgeries or things of that nature too.
But if it is an emergency or even a regular necessity for a condition, generally all the person needs to do is make the courts aware of the medical need and most judges will see the legal obligation to provide even thos imprisoned with medical care.
In regards for needing to leave to clear ones head or something along those lines, that is not necessarily a given right. However, one could argue that this is a necessary treatment and cannot be denied. It depends on the severity of the disorder and whether or not the doctor would agree that this person has a medical need to leave his or her house once a day or week or something. This person could make that argument to a judge, but would at minimum need a written note from the physician stating that leaving is not something of convenience, but a medical necessity.
2006-12-07 00:00:17 · answer #2 · answered by phoenixbard2004 3 · 1⤊ 0⤋
House arrest is an alternative to being remanded in custody.
Is the person in question an illegal immigrant or an asylum seeker in an internment centre. I don't believe for a minute that they are being refused medical attention unless it is something silly and they just want out.
To clear his head can he not go into the back yard,?.
Why doesn't he apply to the court to have the order amended.
Why would a doctor in this country ask such a question of a patient,doctors normally have a wealth of information.Are you sure he's a real doctor and not just using someone elses degree.
2006-12-07 01:42:21 · answer #3 · answered by st.abbs 5 · 0⤊ 0⤋
as messed up as it sounds yes. a curfew is like house arrest. you do have to make it part of your schedule. I know someone that has to get dialysis 2 times a week. they set his bracelet so that when it's time for his appointment they cut it off and then when he gets back home it's cut back on. they left him a window. that doesn't mean if something happens and you don' t get back in time you won't got to jail.
What your friend may be able to do is get a Dr's.s note for his walks and his appointments. if he knows which days are worse than others he could plan all of his walks around his appointments. It might help him even though he can't do it every day it might help him break up his trapped feelings so that it doesn't bother him as much when he is trapped.
get him to speek to his Dr. and see if anything can be arranged through the courts.
2006-12-07 02:05:23 · answer #4 · answered by kaluah96 3 · 0⤊ 0⤋
first let me ask you this would you like to be in jail or under house arrest, i would pick house arrest. a house is bigger than a jail cell so there is room to move around they can wake up when they want eat when they want and what they want. they are free to make phone calls and watch what they want on TV. if a person on house arrest needs medical attention they in an emergency they can still go to the hospital and not violate there house arrest, if they need to go to the Dr for just something minor it takes weeks to get into a Dr office any way so they have time to make and appointment and then get an order that will let them go. If you ask me the people on house arrest have it made.
2006-12-07 05:07:20 · answer #5 · answered by Coconuts 5 · 0⤊ 0⤋
Is it legal? Yes. The court took away SOME of this persons rights because he was convicted of a crime (he took away the rights of another). As far as medical treatment, he needs a good lawyer. No court will (or should) deny anyone medical treatment due to house arrest.
2006-12-06 23:57:49 · answer #6 · answered by john_stolworthy 6 · 5⤊ 0⤋
Yes, it is legal...its gone through statute approval which makes sure our laws are lawful.
You would have access to medical treatment. If you are denied it, then that something to take up with the probation officer or a solicitor.
Is is legal to take away (some of ) this persons rights ? Yes, I hope so. If not, then there is no punishment.
2006-12-07 00:03:45 · answer #7 · answered by Michael H 7 · 0⤊ 0⤋
Surely the court would grant them medical attention if they were asked. Yes, it's legal for a court to put restrictions on the movement of a person for just cause.
2006-12-06 23:56:17 · answer #8 · answered by oklatom 7 · 1⤊ 0⤋
This sort of thing really maddens me!
Im sorry, but why do we even care about taking away the "rights" of a criminal. There are plenty of little old ladies confined to their houses and suffering from post traumatic stress due to being mugged by some toerag who then successfully sues the state because we put them in prison and violate their human rights!
Well poor them.
I advise this person to stop committing offences, take his punishment and stop winging about his rights.
2006-12-07 01:22:45 · answer #9 · answered by Bellasmum 3 · 1⤊ 1⤋
The 24 hr curfew was given as an alternative to jail. You could always apply to the court for this option to be removed.
If you don't do a crime you will not be punished.
2006-12-07 00:11:54 · answer #10 · answered by jewelking_2000 5 · 1⤊ 0⤋