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What is old idealism?
A person who commits a crime is duly arrested and prosecuted
what is the new cynicism?
No law, no order, & no justice.
SERIOUS FELONIES: THE SECOND & THIRD LAYERS
· Second Layer – rape, robbery: person to person. More serious
· Third Layer – burglary: home offense , larceny: shopplifting
WHAT HAPPENS TO PEOPLE CONVICTED OF A FELONY? ADULT PROSECUTION RATE***
· Adult Prosecution rate = 73%
ARREST DATA, REJECTIONS & DISMISSALS: LOOPHOLE: WHY CASES DROP OUT OF THE SYSTEM AFTER ARREST & BJS DATA ON DISMISSALS & REJECTIONS
Cases drop out of the system after arrest because of insufficient evidence, the arrest of a different suspect, etc.).
· Dismissals – happen by a judge.
· Rejection – happen by a prosecutor. Can reject a case or charges.
SENTENCING: HOW DO WE EXAPLIN THE INCREASES IN TIME SERVED?
AN INTERNATIONAL PERSPECTIVE ON THE GOING RATE INCARCERATION RATE, VIOLENT CRIMES, & TIME SERVED
· Incarceration rate – 750 per 100,000. Highest in the world. Higher rates of crime.
ADMINISTRATIVE SYSTEM OF JUSTICE: WHY ADMINISTRATIVE & NOT ADVERSRIAL?
Administrative and not adversarial because few cases are settled through a public trial. There is no public clash between prosecution and defense. Decisions are negotiated among members of the courtroom work group, with a high degree of consensus and cooperation
WHAT IS JUSTICE? ARISTOLE’S DEFINITION
Consists of treating equals equally and unequal unequally according to relevant differences
TRANCENDENTALISM VS EVOLUTIONARY PERSPECTIVE:
· Transcendentalism – philosophical position that emphasizes the primacy and superiority of the spiritual over the material.
· Evolutionary Perspective – attempts to explain the origins of law and justice with reference to the principles of evolutionary biology.
doctrine under wich judges are obligated to follow the precedents established within their jurisdictions. literal transaltion "let the decision stand" 2 aspects:
1. higher court decisions are binding on lower courts
2. a court should not overturn its own precedents unless there is a compelling reason to do so
if police gain evidence wrongfully the evidence is thrown out
preventative detention provision. Supreme Court ruled that there is no absolute right to bail nd that preventative detention is a legitimate “regulatory” measure= crime control policy
model for harsh sentencing laws across the country, w/ a special emphasis on mandatory sentencing laws;
ruling that D of C gun control law unconstitutional, affirming for the right to own guns
no one has offered a realistic ban on hand guns, our federal system, second amendment,
Lanterman-Petris-Short (LPS) Act in 1969
Severe mental illness should be treated in the least restrictive setting.
ISSUES= affordable housing, safety, edu, transportation, medical/dental, jobs.
Re-arrested 6x in 3yrs
Bipolar. B wing. 42, good shape, white. Likes to dance. Beat up by cops for graffiti. Was in the Army. From ohio. Paranoid. Hit men after him. Got beat up. Went to Ohio. Took too many meds
Where are the mentally ill?
Heaven and Earth
Must have threat. Needed this to commit Mike.
Recommendation to not pick up Mike when released?
· County must pay for med and find him a home and job, he must complete treatment
Suicide cells: conditions
· Glass, steel bars, smells, no air sometimes, navy gowns
Judge Leifman: the lesson of judicial clout
More important if judicial people listen
Rev Louis Dwight
1800s, found mentally ill man locked in closet for 9 yrs. Treated horrible.
Formed Boston Prison Discipline Society. Little was done.
1946 Life magazine
Mental hospital=shame. Treated patients wrong.
Truman creation of NIMH
1946, Find cure for insanity
Kennedy 1963 community mental health movement
Clinics replace state hospitals.
Fidel Castro’s influence
Let prisoners and mentally ill flee to Florida.
Cycle Turolla discovered
Shuttled from jail to hospital. No treatment. Nothing happens.
James Edward Tucker example
Never received treatment.
Killed outside house.
Diaz’s & Robinson’s perspectives of mental illness
Diaz- They don’t know they are sick. Can’t remember to treat the disorder.
Robinson- Tough love. Focuses on medication.
Veteran. Ill for 33yrs. Had pocketknife, would not drop it, killed by police.
CIT in Miami in 2002
First 6 months, no one killed. GOOD.
Then Alvarez said they didn’t need Memphis training.
Went downhill. Many killed.
Renee Sherman’s story
Son (Robbie) was emotionally disturbed.
Dropped out of H.S. ran away. Mother sent cash, spent @ strip clubs.
Went crazy, went to ex gf house, threw skate through window, grabbed glass.
Was shot and killed.
Mikes deal; plea bargaining
Plead guilty=2 felonies to misdemeanors.
1 yr probation.
And must complete treatment program.
group of homeless people inMiami that were all mentally ill and had been arrested some point in their life; refused to live in homeless shelters
Group of 507 individuals who were permanent street dwellers, every one of them was mentally ill, several had “co-occurring disorders” like alcohol and/or drug addictions. 71% of the 507 refused to live in shelters and every one of them had been arrested and jailed at some point.
Gilbert & revolving door
Never get help.
Committed misdemeanor and mentally ill.
Right back where he started.
Donaldson example & decision
Had Birnbaum represent him in court.
First success for right to treatment.
1st law say mentally ill person had to be a danger to self or others to get committed.
Lessard v Schmidt
Mentally ill entitled to same legal protections during commitment hearings as criminal cases.
Right to refuse medical treatment, confined in least restrictive manner
parents can’t make adult child undergo treatment.
Least restrictive setting
Be on inside or outside.
What does it take to keep behavior in check.
Parents forced treatment of adult children
Can’t unless dangerous
What is social change?
Any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time.
Dynamic & Constrained Views
Dynamic- The court can be more effective than other government institutions in bringing about social change because it is free of election concerns & can act in the face of public opposition.Constrained- The court can rarely produce significant social change because powers are limited. Three important constraints; bounded nature of constitutional rights, court lacks the necessary independence from the other branches of gvmt, and lacks the tools to develop policies and implement decisions for significant change.
Judges must not place their own interpretations on the Constitution even if by adhering to this philosophy the consequences would be personally abhorrent to them.
Sanbourne v Chiles
Sanbourn spent 20 yrs in mental hospital
Chiles is governor 1988.
Demanded patients in state hosp. either given treatment or released.
inspection teams thatperiodically reviewed how state-ran hospitals are treating their patients.
Advocacy Center for Persons with Disabilities
Inspectation of state hospitals
Instead of what is needed it got temporary improvements.
Didn’t exactly fix just made a little better.
No family visits (didn't know)
Kendra Webdales murder and Kendra law
Goldstein pushed her in front of a subway car.
Protected mentally ill from being abused. Meet 6 criteria before state could order to take meds.
Began when 12, had to pick between mom and dad event.
Charged for kidnapping, dropped. Therapists helped him. Individualized care.
Felt watched. No short memory
Gilbert on forced meds
Drugs are bad. Convinced drugs started it.
got his life back together andtook up dancing every night. Met a man that would offer him $5,000 to marry aPeru woman so she could become a US citizen. Came up resume of woman he wantedto date that he showed the women he met while dancing. Pete Earley got him to say no
Jackson & dancing
Dances at 3 nightclubs a week. Asked to marry a peru girl so she can stay in country for $5,000.
Parent to have an adult child locked up for 60 days as drug addict
Don’t need chemicals. Stay on meds.
Chavez & Armstrong
Worked for state’s attorney general’s office.
Chavez- Mentally ill felons would be released to treatment programs through plea bargaining
Sam Konell looks for felonycases that involve mentally ill defendants and tries to get the chargesreduced, suspended or dismissed by promising to get the defendant tovoluntarily enter a treatment program. Only does this for patients who havemedical insurance, but awards a few scholarships a month
Pick defendants with health insurance,
get charges dropped by getting them into treatment
Mike was working fulltime, was taking his meds, and no longer had delusional thoughts. He wants togo to grad school, which means moving to another state and living on his own,but his dad finally has his son back.
Work full time.
Go back to grad school
Moving to different state
25 yrs old
3 things learned
Largest public mental health facility?
Miami-Dade: what makes it unique?
Home to larger % of mentally ill than any other major metropolitan area in America
Conversation with the family who’s house was broken into
· Dad= sympathetic, but would have shot him.
· Mom= Questioning, not forgiving, scared, damage to house
· 2 felony charges, broke into house, woman filed complaints, released to parents custody
· No records, must diagnose from what told by inmates.
Length of stay for psych patients
6x longer in jail
Misdemeanor diversion program: how does it work? Results success?
Mentally ill go to local treatment center after arrested instead of jail. For 48 hrs.
3-7 days then court. Minor charges dismissed. 70%-7% rearrested=Good
Boston Prison Discipline Society
1825, did little, called reforms
Went to jails for bible studies. Found mental ill abused in jail.
Credited for 30 states building asylums.
1900 Every state had a mental hospital
Coming together of events that prompted de-institutionalization
Unplanned social disaster
No help with mental ill. Never financed community centers.
Competency to stand trial: teaching to the test
Taught in hospital to answer questions correctly.
Memphis Police: CIT: training and successes
Trained by doctors. Lots of successes. Saved lives
ALF’s who they house, criticisms
Mental patients who had been dumped from state hospitals.
Just trying to make money.
Call police for free ride.
CIT appearance at calls, use of tasers, and training
Saves lives, instead of killing the mentally ill.
Florida Baker Act (1972): process
1. Persuade judge that defendant is ill.
2. Police take to hospital and patient has 72 hours to be examined by doctor.3. If impaired formal Baker Act trial within 5 days.
Public defenders perspective
Do what he thinks is right or do what the client wants.
Dr Morton Birnbaum, Father of the civil rights movement for mentally ill: constitutional and legal rights of the mentally ill (due process)
If mentally ill, Constitutional right to treatment.
5th amendment under bill of rights due process.
$86,000 to care.
Trained to ride bus and cook for self.
$608 monthly fed payment
Argument behind Witchdoctors and Psychiatrists
Same success rate today.
Brain disorders not thought disorders (bipolar, schizo. depression)
Schizophrenia on TV & NAMI
First to say it on TV, not family’s fault, brain disorder.
Donated to NAMI, it grew
Tying an inmates wrists and feet to bed. OC spray.
Electronic alerts, not meeting basic requirements.
Don’t send patients unless it is approved of.
No patients = No money
Mood disorders versus thought disorders
A day at Passageway
Chores, therapy, lunch, open time, meeting, dinner, bed.
was refused prescription because he required 2 separate doses because he has to take exactly 12.5 milligrams,was given 15 milligram tablets.
Special facility for mentally ill off the ninth floor
South Florida Evaluation and Treatment Center