October 2017 - Page 20 of 22 - searchfortruth.info

List of rights; posting; waiver, CA WEL & INST § 5325

February 20, 2019October 5, 2017 by admin

Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric evaluation or treatment to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing those services, and otherwise brought to his or her attention by any additional means as the Director of Health Care Services may designate by regulation. Each person committed to a state hospital shall also have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing...

209 Cal.App.3d 1303 Court of Appeal, First District, Division 2, California. Eleanor RIESE, et al., Plaintiffs and Appellants, v. ST. MARY’S HOSPITAL AND MEDICAL CENTER, Defendant and Respondent.

February 21, 2019October 5, 2017 by admin

As Modified on Denial of Rehearing Jan. 15, 1988. Involuntary mental health patient brought petition for writ of mandate, on behalf of herself and others similarly situated, seeking determination that patients' informed consent was required before antipsychotic drugs could be administered. The Superior Court, City and County of San Francisco, Raymond D. Williamson, Jr., J., denied the writ. On appeal, the Court of Appeal, Kline, P.J., held that absent judicial determination of incompetency, involuntary mental health patient's informed consent would be required before treatment with antipsychotic drugs.

[1] Mental Health Persons subject to control or treatment

Person is considered civilly “gravely disabled,” and may be involuntarily detained in mental health facility for 72 hours, if peace officer or one of certain specified professionals finds probable cause that person is danger to self or others, or as result of mental disorder, is unable to provide for his basic personal needs of food, clothing or shelter. West's Ann.Cal.Welf. & Inst.Code §§ 5008(h) (1), 5150

62 Ops. Cal. Atty. Gen. 57 (Cal.A.G.), 1979 WL 29197 Office of the Attorney General State of California Opinion No. CV 78-26 February 9, 1979

February 20, 2019October 5, 2017 by admin

*1 THE HONORABLE DALE H. FARABEE, M.D. DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH

THE HONORABLE DALE H. FARABEE, M.D., DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH, has requested an opinion on the following questions:

1. Does a patients' Advocate, if he is a county mental health employee assigned pursuant to Title 9, California Administrative Code section 860, et seq., have the right of access to the records in all facilities specified in welfare and Institutions Code section 5325, whether the facility is operated under contract with the county (including federal facilities) or is privately operated?

2. Does a Patients' Advocate, who is operating under contract with the county have access to confidential records to the same degree as the county-employed advocate?

3. Does the right of access to records extend beyond the discharge date of the patient? The conclusions are: 1. A patients' advocate has a right of access to records in the

K.G., an Incompetent Person, etc., et al., Plaintiffs and Appellants, v. Larry MEREDITH, as Public Guardian, etc., Defendant and Respondent.

February 21, 2019October 5, 2017 by admin

Mental Health

Involuntary treatment or medication

County public guardian's practice of routinely imposing temporary conservatorships including Lanterman–Petris–Short (LPS) Act medical treatment decisional disabilities ex parte violated due process, even though guardian gave notice to conservatees that the disability might be imposed, the notice included contact information for the public defender's and patient's advocate's office, and the conservatees failed to affirmatively object, where the conservatees were unrepresented by counsel or a trained patient's advocate, and they were not informed about the limits of the court's power to impose the disability. U.S.C.A. Const.Amend. 14; West's Ann.Cal.Prob.Code § 2250.2; West's Ann.Cal.Welf. & Inst.Code § 5357(d)..

See Cal. Jur. 3d, Incompetent, Addicted, and Disordered Persons, § 153; Cal. Civil Practice (Thomson Reuters 2011) Probate and Trust Proceedings, § 30:28; 3 Witkin, Cal. Procedure (5th ed. 2008) Actions, § 112.

Cost of Major Murder Trials: Who Should Pay How Much?

November 27, 2018October 5, 2017 by admin

Abstract:

The reimbursement began in 1961 and originally used a formula involving a deductible similar to that used in automobile insurance. Subsequent legislation changed the formula to reduce the deductible and to have the State pay 90 percent of the remaining costs for counties with less than 300,000 residents and 80 percent of the costs for larger counties. State aid becomes available as soon as a trial's cost exceeds 0.625 percent of 1 percent of the assessed value of property in the county. Study data came from interviews with judges, prosecutors, and private attorneys and from official records on costs and county financial resources. The analysis indicated that the cost sharing is not equitable because the reimbursement formula uses countywide property taxes as the basis of reimbursement. However, revenue actually available to counties can differ substantially from countywide property taxes. In addition, incentives for cost savings have...

Ethical Considerations Of Psychosurgery: The Unhappy Legacy Of The Pre-frontal Lobotomy

November 27, 2018October 4, 2017 by admin

Abstract

There is no subject at the interface of law, psychiatry and medical ethics which is more controversial than psychosurgery. The divergent views of the treatment begin with its definition. The World Health Organisation and others define psychosurgery as the selective surgical removal or destruction of nerve pathways or normal brain tissue with a view to influencing behaviour. However, proponents of psychosurgery demur on the basis that the `modern' treatment is concerned predominantly with emotional illness, without any specific effect upon behaviour. The alternative definition offered is `the surgical treatment of certain psychiatric illnesses by means of localised lesions placed in specific cerebral sites.

It is difficult entirely to accept this definition because, as examined below, scientific psychiatry is not yet in a position to directly treat psychiatric illness solely through surgical intervention. There is no reliable theoretical relationship between particular cerebral sites (which are normal and healthy) and an identifiable psychiatric illness or symptomatology..

Psychological Impact On Women Of Miscarriage Versus Induced Abortion: A 2-year Follow-up Study.

November 27, 2018October 4, 2017 by admin

Abstract

OBJECTIVE:

To compare the psychological trauma reactions of women who had either a miscarriage or an induced abortion, in the 2 years after the event. Further, to identify important predictors of Impact of Event Scale (IES) scores.

METHOD:

A consecutive sample of women who experienced miscarriage (N = 40) or induced abortion (N = 80) were interviewed 3 times: 10 days (T1), 6 months (T2), and 2 years (T3) after the event.

RESULTS:

At T1, 47.5% of the women who had a miscarriage were cases (IES score 19 points on 1 or both of the IES subscales), compared with 30% for women who had an induced abortion (p =.60). The corresponding values at T3 were 2.6% and 18.1%, respectively (p =.019). At all measurement time points, the group who had induced abortion scored higher on IES avoidance. Women who had a miscarriage were more likely to experience feelings of loss and grief..,

The Case for Excluding the Criminal Confessions of the Mentally Ill

February 21, 2019October 4, 2017 by admin

I. INTRODUCTION

Edgar Allen Poe ends his thrilling story, "The Tell-Tale Heart," with a madman's confession, a plot device that provides the story with appropriate closure: the murderer is caught and justice can take place. At its endpoint, the story no longer holds secrets, for we can imagine the rest. The "dreadfully nervous" narrator will be tried in court for killing an old man because of the old man's "pale blue eye, with a film over it" (555). He had "loved" the old man (555), but the "vulture eye" had made the narrator "furious" and had "chilled the very marrow in [his] bones" (557). The confession and the dismembered body beneath the planks will provide the jury with incontrovertible proof of the narrator's guilt, and he will be sentenced to the gallows. Yet, even in fiction, a confession is not as simple as it may appear....

Excluding Coerced Witness Testimony to Protect a Criminal Defendant’s Right to Due Process of Law and Adequately Deter Police

February 21, 2019October 4, 2017 by admin

Abstract

This Note argues that the Due Process Clause must protect criminal defendants from the admission of an involuntary statement made by a witness. Part I discusses the history of the use of involuntary statements, specifically the justifications for the exclusion of coerced confessions. Part II examines how various courts have addressed the issue and have come to different conclusions. Part III explains why involuntary witness statements should be excluded under the Due Process Clause in criminal trials.

INTRODUCTION

Colin Warner served twenty years in jail for a murder he did not commit his conviction based entirely on the testimony of a scared fourteen year old boy who was coerced by police to implicate Warner Mario Hamilton was shot and killed in April of 1980 in broad daylight near the Erasmus Hall High School in Flatbush, Brooklyn. Thomas Charlemagne stated that he had seen what happened, though in fact he had not. Charlemagne was...

Fraud in the Inducement/ Fraud in the Procurement Law and Legal Definition

November 27, 2018October 4, 2017 by admin

Fraud in the inducement is the use of deceit or trick to cause someone to act to his/her disadvantage, such as signing an agreement. The heart of this type of fraud is misleading the other party as to the facts upon which he/she will base his/her decision to act. A person is induced to enter into a transaction with a false impression of the risks, duties, or obligations involved. There is intentional misrepresentation of a material risk or duty reasonably relied on, thereby injuring the other party without vitiating the contract itself. For example, A tells his mother to sign a deed giving him her property, and his mother refuses to do so. A falsely tells her that the bank will foreclose on the property unless she signs it over to him. If A’s mother signs the deed because of this statement from A, and A tries to enforce the deed,..

Confessions and Admissions

February 21, 2019October 4, 2017 by admin

EVER since the terms "confession and admission" were coined for evidentiary use, courts have attempted to draw clear distinctions between them, and all too frequently, judicial opinions have mirrored slavish obedience to the authority of mechanical definitions. For the sake of clarity, a succinct, well-put definition may serve a utilitarian purpose in establishing ready comprehension of a segment of human experience, but, when detached from actual fact, and the many variables that fact situations produce, this same definition may stifle the imagination and inhibit appreciation of practical considerations. Stock definitions of admissions and confessions lead one to believe that the distinguishing characteristics are sharply outlined, and if one were to accept this impression as an absolute verity, problems of admissibility would rarely beg solution. It may be unfortunate that experience dictates otherwise, but it will readily be seen that a workable rule of admissibility will require...

Essay: Storytelling Without Fear? Confession in Law & Literature

November 27, 2018October 4, 2017 by admin

Mea culpa belongs to a man and his God. It is a plea that cannot be exacted from free men by human authority.

Abe Fortas 1

I have only one thing to fear in this enterprise; that isn't to say too much or to say untruths; it's rather not to say everything, and to silence truths.

Jean-Jacques Rousseau 2 I want to talk about a certain kind of narrative that has long held a particularly problematic status in the law. As a kind of prologue to my remarks, let me mention the record of a criminal case that I stumbled upon in the Yale Law Library. It is from 1819 in Manchester, Vermont, where the disappearance of the cantankerous Russell Colvin led to an accusation that his feuding neighbors, Stephen and Jesse Boorn, had murdered him - to which, after their conviction, they eventually confessed, only to have it discovered that

Fired Cartridge Case Ejection Patterns From Semi-Automatic Firearms

February 21, 2019October 4, 2017 by admin

Abstract

During testimony, “experts” often cite that spent cartridge case ejection locations from a semi-automatic firearm indicate the location of the shooter based on the assumption that most spent cartridge cases land to the right and rear of the shooter. The authors of this study investigated whether spent cartridge case ejection locations are an accurate indicator of a shooter’s location. Eight different semi-automatic weapons most frequently used by police officers were used to collect data from eleven different shooting positions. The results highlighted the significant inconsistency of the spent cartridge case ejection locations that occurred across test positions even when several factors including firearm type, firearm position, and ammunition were accounted for. Of 7,670 bullets fired, over 25 percent of the spent cartridge casings landed somewhere other than to the right and rear of the shooter where it is commonly accepted they should land. That pattern inconsistency is significant...

Findings Are Now Firm: Ejected Shell Casings Can’t Reliably Tell Much About A Shooter’s Location

November 27, 2018October 4, 2017 by admin

Nearly 8,000 rounds fired by Los Angeles County (CA) sheriff’s deputies have now conclusively proved what the Force Science Research Center first asserted more than 2 years ago: The single greatest influence on where spent shell casings land when ejected from a semiautomatic handgun is how the pistol is physically manipulated by the shooter, not any rigid, intrinsic mechanical factor.

Indeed, the FSRC’s benchmark findings show that the ejection spread can vary up to 24 feet with the same gun, fired by the same shooter, depending on how the weapon is gripped and moved, according to the Center’s executive director, Dr. Bill Lewinski of Minnesota State University-Mankato.

FSRC’s scientific testing can have a significant impact in officer-involved shootings where LEOs are accused of lying about where they were positioned during a confrontation, based on where their ejected shell casings were found.

Just last week, for example, Lewinski testified on behalf of a...

A Comparative Study of the Effect of Subliminal Messages on Public Speaking Ability.

November 27, 2018October 4, 2017 by admin

A study investigated the effectiveness of subliminal techniques (such as tape recorded programs) for improving public speaking ability. It was hypothesized that students who used subliminal tapes to improve public speaking ability would perform no differently from classmates who listened to identical-sounding placebo tape programs containing no subliminal messages. Subjects, 26 students at a midwestern university, were divided into subliminal tape and placebo tape groups. Comparison of pretest and posttest surveys did not support the hypothesis. Although placebo group members evaluated their own confidence, improvement, and enjoyment higher than the subliminal group, the average final course grade of the experimental (subliminal) group was higher than that of the control (placebo) group. (Tables of data are included, notes and sample pretests and posttests are appended.) (NKA)...

7.3 Accessory

September 14, 2018October 4, 2017 by admin

As stated in Section 7.1.1 “Accomplice Liability”, at early common law, a defendant who helped plan the offense but was not present at the scene when the principal committed the crime was an accessory before the fact. A defendant who helped the principal avoid detection after the principal committed the crime was an accessory after the fact. In modern times, an accessory before the fact is an accomplice, and an accessory after the fact is an accessory, which is a separate and distinct offense. Some states still call the crime of accessory “accessory after the fact” (Mass. Gen. Laws ch. 274, 2011) or “hindering prosecution” (Haw. Rev. Stat., 2011).