OT: Mental Health?
san_jose_guy
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Neighborhood young man acts real goofy. People call him crazy, say he has mental problems. Most people avoid talking too him. Probably about 20yo. Most would take him as probably homeless and drug addict.
Yesterday, someone called police. They had a long talk with him. Woman asked me if they arrested him. I told her that they did not. She explained that she is his mother.
She explained that he has 'mental problems', she seemed to have wanted the police to arrest him, and she refused to tell me if he is on drugs or alcohol. Sounds like he lives with her.
She talks about getting him to court, meaning that when he has been arrested, she has used the court appearances to get involved in his affairs. Sounds like she wants him in jail. Talks about that as the only remedy.
Now, my standing doctrine on these types of cases is, punish the parent, severely and publicly. These cases are the results of child abuse, and the most important thing is to let the child see that the parent is wrong and that our society punishes them.
But this case is different from most of those I have seen. With most the parents are filled with Born Again and Middle-Class righteousness, and it is clear that they have used the child. Most of the time it is to make their marriage work.
But this woman works in a fast food restaurant, and to me she comes across as a single mother who has nothing.
So would taking what little she might have help?
And of the son, of course I oppose therapy and Recovery Programs. Is this son someone who would be good to fight in a political movement? Hardly.
So what to do, where to look?
Well, if I encounter her again I will politely ask more. She knows I don't agree with the concept of mental illness. But she is committed to this. It makes her right and her son wrong.
So I will ask about the history, what age did his 'affliction' start, and how many doctors have seen him, and since when.
Of course I am looking to establish this as child abuse. But also, the guys who should be punished are the doctors who did not report to the family court. A high level of conflict with a parent is child abuse. No matter if it is a single parent, married parents, or if they are rich or poor. The idea of mental illness was given to her by these doctors, and as they did not report, they are accomplice child abusers. So they are where the hammer should fall.
And of course the son has to see that the reason for this is that his mother is wrong.
And, it is not just the mother who is wrong. It is our entire society. We do not protect children from familial child abuse. We use things like psychiatry, psychiatric medications, psychotherapy, and the recovery movement to cover up for child abuse, and for the fact that many go thru adolescence in entirely unworkable situations, and then enter adult hood with zero chance at adult life. And this will never change until people are able to see this.
SJG
Yesterday, someone called police. They had a long talk with him. Woman asked me if they arrested him. I told her that they did not. She explained that she is his mother.
She explained that he has 'mental problems', she seemed to have wanted the police to arrest him, and she refused to tell me if he is on drugs or alcohol. Sounds like he lives with her.
She talks about getting him to court, meaning that when he has been arrested, she has used the court appearances to get involved in his affairs. Sounds like she wants him in jail. Talks about that as the only remedy.
Now, my standing doctrine on these types of cases is, punish the parent, severely and publicly. These cases are the results of child abuse, and the most important thing is to let the child see that the parent is wrong and that our society punishes them.
But this case is different from most of those I have seen. With most the parents are filled with Born Again and Middle-Class righteousness, and it is clear that they have used the child. Most of the time it is to make their marriage work.
But this woman works in a fast food restaurant, and to me she comes across as a single mother who has nothing.
So would taking what little she might have help?
And of the son, of course I oppose therapy and Recovery Programs. Is this son someone who would be good to fight in a political movement? Hardly.
So what to do, where to look?
Well, if I encounter her again I will politely ask more. She knows I don't agree with the concept of mental illness. But she is committed to this. It makes her right and her son wrong.
So I will ask about the history, what age did his 'affliction' start, and how many doctors have seen him, and since when.
Of course I am looking to establish this as child abuse. But also, the guys who should be punished are the doctors who did not report to the family court. A high level of conflict with a parent is child abuse. No matter if it is a single parent, married parents, or if they are rich or poor. The idea of mental illness was given to her by these doctors, and as they did not report, they are accomplice child abusers. So they are where the hammer should fall.
And of course the son has to see that the reason for this is that his mother is wrong.
And, it is not just the mother who is wrong. It is our entire society. We do not protect children from familial child abuse. We use things like psychiatry, psychiatric medications, psychotherapy, and the recovery movement to cover up for child abuse, and for the fact that many go thru adolescence in entirely unworkable situations, and then enter adult hood with zero chance at adult life. And this will never change until people are able to see this.
SJG
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No, I am not a mental health professional. I am to eradicate the mental health profession, convict them of Crimes Against Humanity in International Court. And of those who give psychiatric medication to children, as was probably done with this young man I have observed, they should be executed.
SJG
Now most lengthy convictions are appealed. So I have been following his appeal. Today I am writing again to our DA, making the case that if he did somehow beat this, that because of the backing of his church, he would be a menace to society. So I am imploring them that if he beats this by any mechanism, they need to get 12 more jurors and try him again.
SJG
Note I am not saying that the original conviction was wrong. Only that if an appeal is successful, the legal system is done with him.
1. Another trial
2. Appeal the over turn to the state supreme court
3. Drop it
Jeopardy applies once the jury is empaneled. After that point they cannot try him again or make up new charges for essentially the same circumstances. But mistrial, like a hung jury, or over turn of the conviction, are exceptions.
This comes up locally and is covered in the newspapers.
In cases of child sexual molestation, because it is so polarizing, hung juries are far more common. Most of them are tried again. They only drop it if there is reason to suspect that witnesses had reason to lie.
SJG
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You are correct only if the case is overturned on a procedural issue, not an evidentiary one. From Wikipedia:
"Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally.[2] Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment."
Well, as it is going, if this guy gets his conviction overturned, it will be on procedural grounds. So he will be eligible to be retried. I want to make sure that he is.
But I expect that this might even end up being continued into the federal system.
Now as far as "evidentiary insufficiency grounds", I am not even sure what that would mean, how it would apply in a jury trial. A jury of 12 heard the evidence and they decided to convict him, meaning that they decided that the evidence was sufficient. The one thing an appeals court will not ever do is over rule the decision of a jury. They only reverses convictions on procedural grounds.
Maybe it applies to bench trials, or to some other sort of thing. Higher courts over rule decisions courts reached in hearings all the time. Bench trials are rare, but I guess the appeals court could over rule them. Maybe they could sometimes go further than they do in reviewing a jury trial.
But again I say, higher courts do not over rule juries.
Sometimes I wish they would. I am involved in trying to get someone else out, serving a life sentence after a very unfair trial. But the most basic sorts of arguments are worthless, as they would amount to asking the appeals court to over rule the jury. They don't do that.
Here, we have had a very unfair system from criminal trials:
http://www.npr.org/templates/story/story…
Fredric Tulsky of the Mercury News assembled his own panel for law school professors and retired appeals court judges. They reviewed the most recent 700 felony appeals. They found that there were serious problems in over 1/3 of the trials, things which someone should have been disbarred over, if not prosecuted. These kinds of trials go on because the appeals court is too easy on them. They overturn very few cases, and far less of their rulings to they publish. Unpublished rulings cannot be cited as precedent.
http://www.mercurynews.com/2007/01/31/pa…
http://www.mercurynews.com/2007/01/31/pa…
http://www.mercurynews.com/2007/01/31/pa…
http://www.mercurynews.com/2007/01/31/a-…
http://www.mercurynews.com/2007/01/27/le…
This expose retired one George Kennedy, long term DA, and one Deputy DA was disbarred.
http://www.motherjones.com/mojo/2006/01/…
Is it any different today, better people on the appeals court?
SJG
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"
Reversal for procedural error
If a defendant appeals a conviction and is successful in having it overturned, they are subject to retrial.
Insufficiency
Retrial is not possible if the verdict is overturned on the grounds of evidentiary insufficiency, rather than on the grounds of procedural faults. As noted above, if the trial court made a determination of evidentiary insufficiency, the determination would constitute a final acquittal; in Burks v. United States 437 U.S. 1, (1978), the Court held that "it should make no difference that the reviewing court, rather than the trial court, determined the evidence to be insufficient."[9]
"
Yes, so I believe that in overturning a jury conviction, it is always on procedural grounds, and hence subject to retrial.
I don't think this guy is going to get his conviction overturned, just because so few convictions get overturned. But his appeals and habeas motions, and going into the federal system, could go on for another decade.
I wish they could get more of the members of his church, though I do not have specific evidence against them.
I learned from being involved in this how hard it can be to get convictions, particularly when the defendant has access to a scumbag attorney who has spent his entire career trying to make enforcement of any child protection laws impossible.
As far as the neighborhood guy who acts strange, and his mother. No sighting of either.
I will ask her about when this started and about doctors seeing him, and then suggest that they should have been obligated to report it as a suspected case of child abuse.
As I know, private practice doctors don't do this, as that would put them out of business. Their business model depends upon pitching to parents about how they exonerate them.
But the publicly employed doctors and social workers are much better. But CPS might still not really be able to do anything about it.
So what I will be saying to this mother will be more theoretical.
SJG
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I asked her how her son was doing and if he was out and about. Usually he is sort of hanging around the neighborhood, some retail stores, and a park.
She said that he was in a program. I asked what sort, and she said it was a mental health program.
I told her that I don't go along with that at all. I asked her how all of this started. What I was expecting to hear was her saint and martyr story of how her son has always been 'mentally ill'. But no. The son is 24yo and she says that this all started about 2 years ago, when he was in our county jail, for drug use. He was in for 4 1/2 months. She says that they forcibly gave him psychiatric drugs.
I told her that that is wrong and that she should get a lawyer. I don't know if she really has any recourse, but forcible drugging is always wrong, and I wanted her to hear this.
She said that since he has been out he has been just crazy. And then finally she said that he is waiting to get into this mental health program and that right now he is again in jail.
I asked him if they are giving him drugs now in jail, and I asked her if they will be giving him drugs in this program. She said she did not know. She said that she just wanted him to see a psychiatrist, meaning like talk therapy. I don't go along with that either.
I told her that the remedy for street drugs is not psychiatric meds, and that the remedy for psychiatric meds is not more psychiatric meds.
Drugging someone forcibly is a serious abuse, and we must eradicate such things, even if that means getting it prosecuted as Crimes Against Humanity in International Court.
About this situation, I understand that the mother may not be telling me the whole truth, and that her son might not be telling her either. I do think there was probably cause for intervention years earlier, as the son probably was living in a bad situation. But at this point I think the most important thing is to protect him from the mental health system, voluntary or otherwise.
SJG
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