[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help] 

Status: Not Logged In; Sign In

This Can Create Endless Green Energy WITHOUT Electricity

Geoengineering: Who’s Behind It and How We Stop It

Pam Bondi Ordered Prosecution of Dr. Kirk Moore After Refusing to Dismiss Case

California woman bombarded with Amazon packages for over a year

CVS ordered to pay $949 MILLION in Medicaid fraud case.

Starmer has signed up to the UNs agreement to raise taxes in the UK

Magic mushrooms may hold the secret to longevity: Psilocybin extends lifespan by 57% in groundbreaking study

Cops favorite AI tool automatically deletes evidence of when AI was used

Leftist Anti ICE Extremist OPENS FIRE On Cops, $50,000 REWARD For Shooter

With great power comes no accountability.

Auto loan debt hits $1.63T. 20% of buyers now pay $1,000+ monthly. Texas delinquency hits 7.92%.

Quotable Quotes from the Chosenites

Tokara Islands NOW crashing into the Ocean ! Mysterious Swarm continues with OVER 1700 Quakes !

Why Austria Is Suddenly Declaring War on Immigration

Rep. Greene Wants To Remove $500 Million in Military Aid for Nuclear-Armed Israel From NDAA

Netanyahu Lays Groundwork for Additional Strikes on Iran: 'We Didn't Deal With The Enriched Uranium'

Sweden Cracks Down On OnlyFans - Will U.S. Follow Suit?

Joe Rogan CALLS OUT Israel's Media CONTROL

Communist Billionaire Accused Of Funding Anti-ICE Riots Mysteriously Vanishes

6 Factors That Describe China's Current State

Trump Thteatens to Bomb Moscow and Beijing

Little Bitty

Vertiv Drops After Amazon Unveils In-House Liquid Cooling System, Marking Pivot To Liquid

17 Out-Of-Place Artifacts That Suggest High-Tech Civilizations Existed Thousands (Or Millions) Of Years Ago

Hamas Still Killing IDF Soldiers After 642 Days

Copper underpins every part of the economy. If you want to destroy the U.S. economy this is how you would do it.

Egyptian Pres. Gamal Abdel Nassers Chilling Decades-Old Prediction About Israel-Palstine Conflict.

Debt jumps $366B in one day.

Proof that Israel Has Lost the War: Sizable Portion of Military, Intelligence, Energy, and R&D facilities Destroyed

French police raid offices of Marine Le Pens far-right Rassemblement National


Editorial
See other Editorial Articles

Title: The Tucson Shooter and the Case for Involuntary Commitment
Source: TheNewRepublic
URL Source: http://www.tnr.com/blog/william-gal ... he-case-involuntary-commitment
Published: Jan 11, 2011
Author: William Galston
Post Date: 2011-01-15 12:07:41 by buckeroo
Keywords: None
Views: 122
Comments: 2

Warning label: This article will make civil libertarians unhappy. Read at your own risk.

We are embroiled, alas, in a politicized argument about the slaughter in Tucson. While most of the charges being flung about rest on a scanty basis (at best), the most important and least contestable facts are getting lost: Jared Lee Loughner was mentally ill when he pulled the trigger, there were multiple signs of his descent into delusion over the past year, and no one did very much about it.

To be sure, the authorities at Pima Community College finally suspended him after five contacts with the police and conditioned his return on clearance from a mental health professional. Police delivered the letter of suspension to Loughner’s home and talked with him and his parents. We do not know what happened next. Perhaps his parents tried to persuade him to seek help and were rebuffed; perhaps they were reluctant to have further involvement with the authorities; perhaps they were too confused or conflicted even to try. In any event, there’s no evidence that he did receive treatment, and according to college officials, he did not attempt to return to school.

The bottom line: No one was legally responsible for taking the next step, and they might well have hit a wall if they had. According to an article in the San Francisco Chronicle, the director of the Urgent Psychiatric Care Center in Phoenix said that in the absence of specific threats, parents or authorities might well have failed to meet the tests for involuntary commitment under Arizona law, which resembles laws in most states as well. Liz Rebensdorf, a retired psychologist and an official in the National Alliance for the Mentally Ill, said, “Unless there’s a crime committed, it’s very difficult to force someone into treatment.” For someone delusional who’s bent on mayhem, that’s too long to wait.

The story repeats itself, over and over. A single narrative connects the Unabomber, George Wallace shooter Arthur Bremmer, Reagan shooter John Hinckley, the Virginia Tech shooter—all mentally disturbed loners who needed to be committed and treated against their will. But the law would not permit it.

Starting in the 1970s, civil libertarians worked to eliminate involuntary commitment or, that failing, to raise the standards and burden of proof so high that few individuals would meet it. Important decisions by the Supreme Court and subordinate courts gave individuals new protections, including a constitutional right to refuse psychotropic medication. A few states have tried to push back in constitutionally acceptable ways, but efforts such as California’s Laura’s Law, designed to make it easier to force patients to take medication, have been stymied by civil rights concerns and lack of funding.

We need legal reform to shift the balance in favor of protecting the community, especially against those who are armed and deranged. This means two changes in particular. First, those who acquire credible evidence of an individual’s mental disturbance should be required to report it to both law enforcement authorities and the courts, and the legal jeopardy for failing to do so should be tough enough to ensure compliance. Parents, school authorities, and other involved parties should be made to understand that they have responsibilities to the community as a whole, not just to family members or to their own student body. While embarrassment and reluctance to get involved are understandable sentiments, they should not be allowed to drive conduct when the public safety is at stake. We’re not necessarily cramming these measures down anyone’s throat: I’ve known many families who were desperate for laws that would help them do what they knew needed to be done for their adult children, and many college administrators who felt that their hands were tied.

Second, the law should no longer require, as a condition of involuntary incarceration, that seriously disturbed individuals constitute a danger to themselves or others, let alone a “substantial” or “imminent” danger, as many states do. A delusional loss of contact with reality should be enough to trigger a process that starts with multiple offers of voluntary assistance and ends with involuntary treatment, including commitment if necessary. How many more mass murders and assassinations do we need before we understand that the rights-based hyper-individualism of our laws governing mental illness is endangering the security of our community and the functioning of our democracy?


Poster Comment:

Here is the problem with America. It isn't the insanity of mass murderers so much as this authoritarian nonsense which contributed to that same mass murderer's insanity to begin with.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: buckeroo (#0)

I'm all for involuntary commitment. There's lots of crazies out there in need of locking up. I think the only thing holding them back is they don't want to foot the bill.

Obnoxicated  posted on  2011-01-15   12:46:57 ET  Reply   Trace   Private Reply  


#2. To: buckeroo (#0)

1. “Unless there’s a crime committed, it’s very difficult to force someone into treatment.”

2. especially against those who are armed and deranged.

3. How many more mass murders and assassinations do we need before we understand that the rights-based hyper-individualism of our laws governing mental illness is endangering the security of our community and the functioning of our democracy?

1. That is the crux of the issue!

2. Define deranged!

3. "more mass murders and assassinations" Need I say more!

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2011-01-15   12:51:07 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help]