please help...my brother is disabled and needs to be proven that he is.

[THENEWSTEW]

What is the name of your state (only U.S. law)? Missouri
he is imprisoned and has been off and on as many sick or disabled people are in the prison system. He has had a rather bad childhood and also had brain damage early along with a unhealthy pregnancy in which my mother was nearly anorexic and in a bad relationship(abusive) he didnt get the nutrients needed to develop his brain correctly and has had problems in school growing up behavioral problems. he has been assessed by the school several times and they believe he had a impulsive disorder and some sort of ADD and ADHD. He is incapable of making decisions correctly as he can see no consequence ahead therefore he cant make a good decision to save his life. he has been in and out of jail since 15yrs old(when he was certified as an adult) and i believe wrongfully so. This has been really hard for my family to stand by and watch and I could use some advice to put this pain in the past and figure out a solution...please help. Please

 

[cbg]

What was he imprisoned for?

 

[OHRoadwarrior]

He needs a doctor to determine and attempt to treat his problems. He won't qualify for any disability income while in jail.

 

[tranquility]

I hate to be a jerk (Well, not really. It's just I don't usually start without some provocation.) but, what is it you seek?

problems in school growing up behavioral problems. he has been assessed by the school several times and they believe he had a impulsive disorder and some sort of ADD and ADHD. He is incapable of making decisions correctly as he can see no consequence ahead therefore he cant make a good decision to save his life.

Where is it we should put people with behavioral problems regarding impulse control and lack of decision making abilities who has chosen to not get help during the times he was not incarcerated? If he can't, because of his disabilities, follow the law--what is the proper course society should take?

 

[THENEWSTEW]

We are not seeking disability payments we are only seeking that he not be tried under the same laws that someone who can make standard decisions is. He is currently imprisioned in virginia and he is in there for possessing a firearm. He has had many other charges aswell. We would like for him to be put into a drug treatment or some type of psych ward instead of being imprisoned with dangerous criminals where he is prone to make bad decisions and therefore can cost him his life in there. I dont know what to do but this has gone on for far to long. He has been impisoned nearly half of his life and shows no signs of making correct decisions anytime soon. He needs to be in a environment where they give him a chance to learn ways of coping with his shortcommings not just thrown into a camp full of killers.

 

[TheGeekess]

We are not seeking disability payments we are only seeking that he not be tried under the same laws that someone who can make standard decisions is. He is currently imprisioned in virginia and he is in there for possessing a firearm. He has had many other charges aswell. We would like for him to be put into a drug treatment or some type of psych ward instead of being imprisoned with dangerous criminals where he is prone to make bad decisions and therefore can cost him his life in there. I dont know what to do but this has gone on for far to long. He has been impisoned nearly half of his life and shows no signs of making correct decisions anytime soon. He needs to be in a environment where they give him a chance to learn ways of coping with his shortcommings not just thrown into a camp full of killers.

Alrighty then.

The law is the law. There is no separate law.

 

[THENEWSTEW]

Right! I understand tranquility take someone who has a brain and the frontal lobe in which all your decision making processes occur, in which he does not have a normal activity in this area as me or you do then just throw him in the jail with the killers....what it boils down to is he is a good person and would do anything for some one but is incapable of making good decisions...he is incompetant and i dont believe its fare to try him under the same laws as you or me. Why is it that we should go to jail if we make bad decisions? Its because we knew better right...there is something in our brain that says you shouldnt do that. Now in his situation he doesnt have a brain that works right especially in this situation. So is it fair to try him under the same laws?

 

[THENEWSTEW]

The law is the law. There is no separate law.

really there is no seperate law? Then why can people plead insanity or not being in the right mind?

 

[tranquility]

Why is it that we should go to jail if we make bad decisions? Its because we knew better right...there is something in our brain that says you shouldnt do that. Now in his situation he doesnt have a brain that works right especially in this situation. So is it fair to try him under the same laws?

Is it "fair" society has to take the risk of his crimes?

He should be treated, if possible. But, if he cannot live in society without breaking the law, I again ask what should be done? Be careful, some who have been adjudged not able to form intent (which is what you're saying) are put into non-jail's for the rest of their lives. Is that better?

When he's out, make him get treatment. Other that that, beyond telling his attorney each time he's arrested, I don't know what you can do.

 

[justalayman]

really there is no seperate law? Then why can people plead insanity or not being in the right mind?

unless they are diagnosed by a medical professional (and often several if this involves a trial), while they can plead insanity or whatever, their claim will not be approved.

Given the time spent in jail/prison and the likelihood of many trials and the fact no lawyer, judge, or other person has ever believed he was not "in the right mind" or insane, I suspect he is not insane or disabled in such a way as to allow an insanity plea.

 

[THENEWSTEW]

unless they are diagnosed by a medical professional (and often several if this involves a trial), while they can plead insanity or whatever, their claim will not be approved.

Given the time spent in jail/prison and the likelihood of many trials and the fact no lawyer, judge, or other person has ever believed he was not "in the right mind" or insane, i suspect he is not insane or disabled in such a way as to allow an insanity plea.

we are not wishing to get his current sentence reversed...we just want him to be held under different law....there have been studies at his school and such that have declared that he has little to no decision making or activity in his frontal lobe. I would much rather see him in a different facility than maximum level security prison. I know this is an injustice and can give a **** what a lawyer or a judge says about it...afterall they do it for the money not for what is right look at our whole corrupt system!

 

[cbg]

So, you're saying that the law should not apply to him? He is above the law?

It's okay for society to be put at risk by someone who is not able to make good decisions?

 

[OHRoadwarrior]

The time to have attempted to get treatment for him was before he reached this point. You are now looking for too little, too late. An 11th hour attempt to justify his actions will not work. A friends daughter is currently serving time in Marysville. A month after her fiance broke up with her, due to her mental state, she threatened to blow his head off and "accidentally" blew off part of his face.

 

[THENEWSTEW]

So, you're saying that the law should not apply to him? He is above the law?

It's okay for society to be put at risk by someone who is not able to make good decisions?

No dont take my words and twist them. I did not say anything that he is above the law nor do i think society should be put at risk, but his laws that he broke didnt do harm to anyone but his self...and his gun charge was due to the fact that he was purchasing a gun for his girlfriend who lives in a dangerous part of the city, granted being a felon he shouldnt be touching a firearm. He hasnt been a threat to society really in any way...just been a harm to himself.

 

[THENEWSTEW]

The time to have attempted to get treatment for him was before he reached this point. You are now looking for too little, too late. An 11th hour attempt to justify his actions will not work. A friends daughter is currently serving time in Marysville. A month after her fiance broke up with her, due to her mental state, she threatened to blow his head off and "accidentally" blew off part of his face.

Well he is not a violent person and wouldnt kill or shoot anyone he has seeked getting professional help and was denied in prison to go to a drug treatment program. This isnt a accidental or a one time thing...he walks around with his innability and impulsivenesss at every decision he makes not just when tragedy strikes.