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

[cbg]

So, why does not law not apply to him? Why should he be allowed to violate the law when no one else is?

Just because you don't think he's a danger to anyone but himself, why does that mean he's entitled to a whole different set of laws from everyone else?

 

[Willlyjo]

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?
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?

A simple answer to your question would be that such a person should be committed to a state institution that should have the resources to deal with his mental problem(s). Prison is not the place for such an unfortunate individual.

 

[Willlyjo]

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.

I totally agree with you! With our ignorant society, it is a tall order whether you will ever see what should take place, take place.

 

[curious90]

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

I'm not a lawyer, but how sure are you that he is ADHD? My mother has a friend who has a child who was diagnosed ADHD. Later he was re diagnosed with a conduct disorder, which is a precursor to Anti Social Personality Disorder(ASPD). With what you have described, it sounds more like ASPD than ADHD. There is a impulsive factor to both of the disorders. Google it and look up a book called Without Conscience: The Disturbing World of the Psychopaths Among Us

 

[ecmst12]

Pleading insanity means that the person lacked the capacity to distinguish right and wrong at the time he committed the crime. Apparently he did not meet that test. When he gets out of prison you can assist him in getting the help he needs - if he wants it.

 

[Zigner]

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.

Why does he need a drug treatment program? I thought his troubles were caused by brain damage?

 

[tranquility]

A simple answer to your question would be that such a person should be committed to a state institution that should have the resources to deal with his mental problem(s). Prison is not the place for such an unfortunate individual.

Yes. And, prisoners should not worry about being raped or beaten in prison, police should never violate the constitution, we should all know the laws which can be used against us, and no one should go to bed hungry. Ah, what a wonderful world.

Now, back to reality. Do you know of the existence of such a place in America? A state mental institution with the resources to restrain and properly treat mentally ill individuals? (At least to the level where it isn't worse than prison? That's my point, in prison, at least you have a chance of getting out after a known time.)

 

[Willlyjo]

Yes. And, prisoners should not worry about being raped or beaten in prison, police should never violate the constitution, we should all know the laws which can be used against us, and no one should go to bed hungry. Ah, what a wonderful world.

Now, back to reality. Do you know of the existence of such a place in America? A state mental institution with the resources to restrain and properly treat mentally ill individuals? (At least to the level where it isn't worse than prison? That's my point, in prison, at least you have a chance of getting out after a known time.)

There are many places in America with State Institutions equipped to to restrain and properly treat mentally ill individuals. The problem is for whatever reason, society is lax in getting these individuals into such institutions for treatment before they can harm themselves and/or others.

The cost in loss of life and damages inflicted by such individuals if far greater than what tax-payers would be contributing toward these state institutions, if society would take charge and listen to someone like me who reports an irrational acting person in an area in which he may cause problems.

As far as the raping and/or beating of inmates goes, that is a major problem which everyone knows takes place, but yet for some unknown reason, it is not adequately addressed by those who make the laws and enforce them.


It all boils down to the Politicians who look the other way because they are more interested in an agenda that is financed by big business, that will be much more rewarding in the form of campaign funds and other perks that I beleive do secretly exist. Unfortunately, this type of Political Activsm is fraudulent, evil and should not be tolerated from a society that has its heads buried in the sand. Just saying.

 

[tranquility]

The problem is for whatever reason, society is lax in getting these individuals into such institutions for treatment before they can harm themselves and/or others.

That "problem" is also known as freedom. The mentally ill have rights too.

The cost in loss of life and damages inflicted by such individuals if far greater than what tax-payers would be contributing toward these state institutions, if society would take charge and listen to someone like me who reports an irrational acting person in an area in which he may cause problems.

Fair enough. Except:

It all boils down to the Politicians who look the other way because they are more interested in an agenda that is financed by big business, that will be much more rewarding in the form of campaign funds and other perks that I beleive do secretly exist. Unfortunately, this type of Political Activsm is fraudulent, evil and should not be tolerated from a society that has its heads buried in the sand. Just saying.

in the former Soviet Union, that would be enough to list you as belonging to the "crazy" group and allow the state to put you into one of their "mental institutions". From the comments you've received in response to some of your other posts, do you really want what some or one feel is "crazy" be enough to put a person away until they're.....not?

 

[Willlyjo]

That "problem" is also known as freedom. The mentally ill have rights too.

Fair enough. Except:
in the former Soviet Union, that would be enough to list you as belonging to the "crazy" group and allow the state to put you into one of their "mental institutions". From the comments you've received in response to some of your other posts, do you really want what some or one feel is "crazy" be enough to put a person away until they're.....not?

Clearly, one can tell who is crazy as opposed to someone who can reasonably exist in our society. When I see someone take their clothes off and run down the middle of the street endangering themselves and/or others, then I would say it is time for that person to be taken off the streets for more than just a 72 hour observation.

As far as comments I've recieved from some of my other posts, it all speaks for itself--either I was right or I was wrong. I pretty much admit my mistakes unless I cannot see the mistake or someone else won't admit theirs.

Frankly, you really didn't have to get personal with your response here--I really don't see anything positive in that.

 

[Gail in Georgia]

Before we jump to conclusions that this brother is, actually, mentally ill it would be helpful to learn if any accurate testing has been done to prove any of the claims of the OP.

Having a "nearly anorexic" mother doesn't necessarily mean the infant will be affected by this. Mom might suffer some effects but in many cases babies of anorexic moms have perfectly normal Apgar scores at birth and suffer no long term consequences. Many children have lousy childhoods and go on to be productive adults who don't end up in a prison with a long history of law enforcement issues.

Gail

 

[tranquility]

Frankly, you really didn't have to get personal with your response here--I really don't see anything positive in that.

The positive is to help you understand that crazy is not a box we can check on the form, the taking and asportation of personal property of another with the intent to permanently deprive without consent of privilege, is. One goes to this magic place where one is treated and the other goes to jail.

And, as to telling who is crazy, saying bad things against the government has been determined to be "crazy" by many of those governments. They put them in the magic treatment places until the crazy is gone.

 

[FlyingRon]

This is only going to be resolved with a lawyer. A good one. There's something more than meets the eye here. Virginia is a pretty firearm violation neutral state (even up here in the more "blue-ish" Northern Virginia), so there has to have been other criminal activity or an already determined disqualification.

 

[commentator]

And they recently did a study which showed that a very large number of those on death rows across the united states have suffered serious traumatic brain injuries at some time in their lives. THey almost always have some sort of brain injury, either from childhood abuse or accident or injury in later years. But does that mean they didn't do what they did? No. Does that mean they should be treated differently? Not really.

Willyjo, I want you to tell me a little about where you can find these wonderful well staffed and well funded institutions. Maybe the OP from the other night who was going to dump her mother with dementia can get her there. I have a couple of relatives (we call them "just plain mean") who could probably benefit from some time there. I can tell you, they aren't in the southeast, where prison and mental health facilities are about on the same page and neither is rehabilitative.

This family should have gotten treatment for this brother when he was a child, but they didn't and he's now an adult. A scary adult.

 

[tranquility]

I believe homosexuals would be considered "crazy" until the mid-70s DSM revision.

Today, I think the DSM has shy people as "crazy".
Avoidant personality disorder - Wikipedia, the free encyclopedia