Find the following on this page:

• Explanation of ethnicity, religion, disabled, elderly
• Explanation of disabled and caregivers
• Landlord responsibility of property
• Negligence types and effects
• Defamation explanations
• shadokix.blog disclaimer

Crime involved hate?

A nonfatal incident or victimization in which the victim suspected the offender’s motivation for committing the crime was based on bias against the victim’s characteristics or religious beliefs.

Classifying evidence?

Evidence-based on the victim’s report. At least one type of classifying evidence is needed to classify the crime as a hate crime in the NCVS; though a victim may report a mix of classifying and nonclassifying evidence.

Hate Crime?

A nonfatal incident or victimization that police confirmed as bias-motivated, the victim perceived as bias-motivated because the offender(s) used hate language, or the victim perceived as bias-motivated because the offender(s) left behind hate symbols. At least one evidence type is needed to classify the crime as a hate crime.

Evidence types?

The National Crime Victimization Survey (NCVS) classifies bias motivation based on victim reports. These reports can include bias against the victim’s race, ethnic background, or national origin; gender; association with people who have certain characteristics or religious beliefs; sexual orientation; disability; religion; or perceived characteristics or religious beliefs. A victim may report multiple bias motivations.

race, ethic background or national origin?

• Race: Racial identifiers are physical characteristics used to define a person as being a member of a specific group, such as skin color and facial features.
• Ethic background: Cultural characteristics define a person as being a member of a specific group. Common ways of identifying ethnicity are accent, religion, food, and social customs.
• National origin: The legal sense of country where a person was born, or where their ancestors originated. Citizenship and birth country commonly define nationality.

disability?

A disability is any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to do certain activities (activity limitation) and interact with the world around them (participation restrictions).

Disability has three dimensions:

• Impairment: A problem with a person’s body structure or function, or mental functioning. Examples include loss of a limb, loss of vision, or memory loss.
• Activity limitation: Difficulty doing everyday activities due to an impairment. Examples include difficulty seeing, hearing, walking, or problem solving.
• Participation restriction: Difficulty participating in social activities or other aspects of daily life due to an impairment. Examples include difficulty working, participating in social activities, or obtaining health care.

Disability can be:

• Congenital conditions: Disorders in genes, chromosomes, or pregnancy exposers.
• Developmental conditions: These become apparent during childhood (Autism, ADHD).
• Injuries: Traumatic brain injury or spinal cord injury.
• Longstanding conditions: Vision loss, nerve damage, or loss of limb (Diabetes).
• Progressive, static, intermittent: Worsen over time, remain the same, come and go.

Impairment?

Impairment is a problem with a person’s body or mind that can make it difficult to do certain things. Impairment come in two forms:

• Structural: structure of the body, such as nerve damage or limb amputation.
• Functional: function of the body, such as pain or limited mobility.

International classification of functioning?

The International Classification of Functioning, Disability and Health (ICF) is a standard language for describing and understanding health and health-related conditions.

The ICF has two main components:

• Body functions and structures: Physical and mental functions, and anatomical parts.
• Activities and participation: What a person can do, and their societal roles.

The ICF also includes a third component, environmental factors. These are the factors in the environment that can either help or hinder a person’s ability to function and participate in society.

The ICF includes the following in the categories of activities and participation:

• Learning and applying knowledge
• Managing tasks and demands
• Mobility
• Managing self-care tasks
• Managing domestic life
• Establishing and managing interpersonal relationships and interactions
• Engaging in major life areas (education, employment, managing money or finances)
• Engaging in community, social, and civic life

It is important to improve conditions by providing accommodations that decrease or eliminate activity limitations and participation restrictions for people with disabilities.

Caregiver?

A caregiver is a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person, disabled adult, or child. Caregivers can be relatives, court-appointed or voluntary guardians, adult household members, neighbors and health care providers.

Elderly Person?

A person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning. This impairment may make it difficult for them to provide adequately for their own care or protection.

Disabled adult?

A person 18 years of age or older suffering from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness. They may also have physical or mental limitations that restrict their ability to perform the normal activities of daily living.

Landlord?

A person or entity who owns real property that they rent or lease to another person or entity, called the tenant. The landlord is the legal owner of the property, and the tenant is the legal occupant.

The landlord-tenant relationship is governed by a lease contract, which is a legally binding agreement between the landlord and the tenant. The lease contract specifies the terms of the rental, such as the rent amount, the length of the lease, and the tenant’s rights and responsibilities.

Landlord responsibilities?

Landlords have a responsibility to provide a healthy and safe living space for their tenants. This includes complying with all applicable building, housing, and health codes. Landlords must maintain the property in good repair, including the roof, windows, screens, floors, steps, porches, exterior walls, foundations, and plumbing. The landlord of a HUMAN dwelling should make reasonable provisions for the:

• Extermination of Rats and Mice
• Clean and safe conditions of common areas
• Garbage removal and outside receptacles
• Functional facilities for heat and water
• Working smoke detection device

Forms of harm by household adults?

• Abuse: The act that causes harm; physical abuse, sexual abuse, emotional abuse, or financial abuse.
• Neglect: The failure to provide for basic needs; food, clothing, shelter, medical, or personal care.
• Abandonment: The desertion; leaving without any means of support, or the removal from home or group.
• Exploitation: The use for personal gain; financial exploitation or emotional exploitation, such as manipulating them into doing something they do not want to do.

Negligence?

Negligence is conduct that falls below the standard of care that a reasonable person would use to avoid harming others. Negligence requires four elements: duty of care, breach of duty, causation, and damages.

Intentional torts occur when a person intentionally acts in a certain way that leads to another person’s injury. Intentional torts include battery, assault, and intentional infliction of emotional distress.

battery?

Intentional touching of a person, causing harm or offense without consent.

Assault?

Even without physical contact, intentionally threatening or attempting to cause bodily harm or offensive contact to another person is considered assault.

• Example: If someone pulls out a gun and claims they can use it on you. You have a reasonable apprehension of harm, and they have the apparent ability to carry out the threat.

intentional infliction of emotional distress?

Intentional infliction of emotional distress (IIED) is a type of intentional tort in which a person’s actions are so outrageous that they cause severe emotional distress to another person. To a reasonable person, the conduct has to be:

• Extreme and outrageous
• Intentional or reckless
• Caused severe emotional distress
• Potential bodily harm

Emotional distress?

Emotional distress is a mental suffering that can be caused by a variety of factors, including traumatic events, difficult life experiences, or chronic health conditions. It can manifest itself in a variety of ways, including anxiety, depression, anger, guilt, and fear.

Common symptoms include:

• Physical: Headaches, stomachaches, chest pain, and fatigue.
• Behavioral: Social withdrawal, and difficulty concentrating.
• Cognitive: Negative thoughts of oneself or the world, difficulty with decisions, memory problems.

Amendment 1?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Defamation?

The First Amendment protects freedom of speech and press but does not protect false statements of fact that harm someone’s reputation.

To be considered defamation, a statement must meet three criteria:

• Be false.
• Be published to a third party.
• Cause harm to the person’s reputation.

False statement?

A “statement” needs to be spoken (slander), written (libel), or expressed in some manner and be a lie.

Published to a third party?

For a statement to be considered published, it must be communicated to someone other than the person making the statement and the subject of the statement. This means that a defamatory statement does not need to be printed in a newspaper or magazine to be considered published. It can be published through any medium, including:

• Oral communication: Made in person or over the phone
• Visual communication: Written on a piece of paper or displayed on a billboard
• Broadcast communication: Made on television, radio, or the internet

explain more?

• Truth: A statement cannot be defamatory if it is true.
• Opinion: Statements of opinion are not defamatory, even if they are negative.
• Absolute privilege: Statements made in privy can contain lies.
• Qualified privilege: Fair criticism, reviews and warnings about potential danger.
• Retraction: A retraction is a public and formal apology for a false statement.

Sources of information provided?

• findlaw.com
• law.cornell.edu
• fdacs.gov
• justice.gov
• bjs.ojp.gov
• cdc.gov

shadokix.blog disclaimer

• The contents of this blog, shadokix.blog, are personal opinions and experiences of the author. The author does not claim to be an expert on any of the topics discussed, and the information provided should not be taken as medical, legal, or financial advice.
• The author is not responsible for any misinterpretations or conclusions that readers may draw from the information provided. The author also reserves the right to change or remove any content from the blog at any time.
• If any names are mentioned in the blog posts, it is assumed that these individuals have committed a serious injustice against the author and that others should be warned.