The Quality Of Your Holiday Season ...

[Ayatollahgondola]

I think the guy is a rat and a racist, as well as a jackass, but I don't like the idea of forced psychiatric exams as a precondition to justice. If a man doesn't want to submit to a psych, he shouldn't be forced to, nor should it be required as a condition to bail. If they think he is too mentaly deficient to stand trial, then put him through the conservatorship process before they try him.
I don't think anyone would pass a psych exam IF..the criterea is set by psychology majors. Then, you have to answer the box saying whether you were ever under a psychiatrist care for the rest of your damn life
Whether he is or isn't mentally ill is not the issue. The issue is whether the court can impose such a condition of bail, because once it works for Lopez, it will work for any of us.

[DerailAmnesty.com]

I disagree. Given his conduct, it is absolutely necessary for the court to determine whether or not he is fit to stand trial. If he doesn't understand the nature and consequences of the proceedings against him or is incapable of providing assistance to his attorney, you can't prosecute him. The only way to figure out what is what is to stick him in front of a mental health expert.

[Ayatollahgondola]

But the precondition is for bail. If they think he's incompetent, then charge him as such. But bail is set to insure a person charged with a crime is going to return for trial, or no bail for those who are a threat to the community. So if he's a threat to the community, they should hold him, and if they are afraid he will flee, post high bail or hold him again, but don't demand he submit to some personal review if they haven't brought some sort of conservatorship action first.

[Twoller]

What is supposed to be evidence of this guy's lack of mental health? This could be a prelude to some kind of scam. He could go out again at some point and commit some crime and walk away from prison on technicalities regarding competance. Whether or not he submits to a psychiatric exam, this would be something to anticipate. Maybe he is winding things up for a politically motivated crime spree.

Recall the role that immigration is playing these days in the medical community. Mental health and its practitioners are a part of the medical community. We are seeing a lot of immigrants in the medical community, but not so much in the prison industry.

I'd like to know where the issue of this guy's mental health first came up.

[DerailAmnesty.com]

Davi, they don't know if he's incompetent; that's why they have to get him examined by the shrink.

A defendant isn't "charged" with being incompetent. It's a status or condition, if found to be present, that will interrupt the prosecution. It's not a criminal law violation or offense.

Lawyers are not mental health experts. We can guess and be pretty sure, but the judge's, prosecutor's and defense attorney's opinions in this case are lay opinions regarding emotional and/or psychological problems.

I've been in this situation twice. I believed my clients were mentally unfit to stand trial. The court is not going to take a lawyer's word for it based upon observations, anymore than a judge can make that determination (without the input of an expert). Maldonado should be checked out by at least two doctors (they commonly disagree in determining competency).

He's been released (I assume on bond) b/c (with the bond in place) they deem him to be not dangerous to the public and unlikely to flee the jurisdiction. However, if he won't do what is necessary to move the matter along (go see the doctor) then they can guarantee he'll see him if he's taken into custody. Making a doctor visit a condition of his release is completely justified in this matter.

[ilbegone]

Who is the shrink, what are his qualifications and how does he handle his biases?

There are shrinks who themselves have mental problems and / or commit criminal acts. Some take advantage of their patients vulnerabilities and trust, which may include child molestation and "sex therapy" as well as wallet plundering.

If there is anyone who believes a shrink has the patient's best interests at heart, he should make an appointment and try this: about three minutes before the therapeutic session ends the patient pours out the anguish tormenting his soul and watch how distressed the practitioner will get about going into unpaid time.


I believe Lopez is mentally unbalanced, but to what degree?

And just think, there are perhaps thousands of "Latino activists" who haven't been compelled to appear before the bench who are just as nuts.

[DerailAmnesty.com]

Originally Posted by ilbegone

Who is the shrink, what are his qualifications and how does he handle his biases?

There are shrinks who themselves have mental problems and / or commit criminal acts. Some take advantage of their patients vulnerabilities and trust, which may include child molestation and "sex therapy" as well as wallet plundering.

And b/c there are some dishonest or unscrupulous people in that profession, we should allow people w/o training to decide who is mentally unfit and who isn't?

There are also financial fund managers who steal what is supposed to be invested for people approaching retirement. Should we, therefore, only permit people with no financial expertise or experience handling money, to head mutual funds and pension plans?

I've seen TV reports where garage mechanics perform "repairs" for imaginary or non-existent problems with cars they've been paid to fix -- and charge the customers accordingly. Does that mean I shouldn't take my automobiles to a garage where certified mechanics work?

[Ayatollahgondola]

Originally Posted by DerailAmnesty.com

And b/c there are some dishonest or unscrupulous people in that profession, we should allow people w/o training to decide who is mentally unfit and who isn't?

No, but if the quality of the courts appointed psychs is anything like the quality of their appointed counsel.........

[ilbegone]

Originally Posted by DerailAmnesty.com

And b/c there are some dishonest or unscrupulous people in that profession, we should allow people w/o training to decide who is mentally unfit and who isn't?

There are also financial fund managers who steal what is supposed to be invested for people approaching retirement. Should we, therefore, only permit people with no financial expertise or experience handling money, to head mutual funds and pension plans?

I've seen TV reports where garage mechanics perform "repairs" for imaginary or non-existent problems with cars they've been paid to fix -- and charge the customers accordingly. Does that mean I shouldn't take my automobiles to a garage where certified mechanics work?

It was a legitimate question concerning shrinks. Who is making the judgment and under what criteria? Are they free of personal and professional bullshit, or do they return an expected conclusion the court desires?

I can go further. I don't know you, I've never met you, and I make no judgment on your professional conduct or your personal life.

However, most attorneys I have consulted with over the years didn't want to hear what I had to say, they were primarily concerned with whether or not I had money. Some took my money and did little or nothing for me that I might have accomplished myself under unfamiliar and intimidating circumstances regarding my future. The one appointed for me certainly wasn't going to rock the court's boat. There were three I have retained over the years whom I believe were free of what I believe the legal game does over the years to attorneys, something like what alcohol does to long term drunks.

I remember many years ago going to the wedding parties of my ex wife's best friend and her soon to be husband. She was a young attorney who worked for a central California county DA's office concerning cases of child abuse and child molestation, she eventually left law practice because she couldn't handle it anymore. He was also in some form of legal practice. There were quite a few attorneys at those parties, I marveled at how burned out, hard bitten, and alcoholic most of them looked.

There are good and bad in all occupations, and there are casualties due to long term wear and tear on the body and mind.

My present attorney is human. I sincerely hope the game never gets to her and she leaves the field at the end of her career as she is now.

And I also have a mechanic I trust. Hard to find one of those.