Nosathro
Posts: 3319
Joined: 9/25/2005 From: Orange County, California Status: offline
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quote:
ORIGINAL: Lynnxz quote:
ORIGINAL: jlf1961 Alright, the fact that under the current law, there is no way to stop a mentally unstable, untreated person from obtaining firearms. That has been one of the things I have been screaming about since this debate started. All I have gotten in response is that forcing someone to get treatment is unconstitutional, or forcing the doctors to report such people is a violation of Doctor/Patent privilege. Just popping in to say you CAN force someone to get treatment if they appear dangerous. I have summoned EMTs and Police to my facility twice, personally, to take someone against their will to the nearest behavioral health center. Straight up, tackled in the hall, handcuffed to the gurney, rolled out of there kicking and screaming. It IS possible, but some pussyfoot around that process because of the high risk of lawsuits, (and paperwork... oh GOD the paperwork). Thank you Lynnxz, in my previous post I should have expaned on this. First off no where in the Constitutional is forcing a doctor to violate the doctor/patient privilge, the privilge is medical not legal. There are laws that do require a doctor to inform authorities when a patient is dangerous. Now as to treatment, generally but not in the Constitution can a person refuse treatment. There are exceptions, most notiably in criminal cases. In case such as sex offense, drugs and alcohol a judge can sentence the accused to treatment. Being treated can be a part of the sentence, prison do have treatment centers, diversion, and/or Probation/Parole terms. Failure to comply can bring new charges. Another way of forcing treatment is in conservatorship, when a person is for reasons not able to care for themselves, the can be placed in conservatorship and be required to be treated, both in medication and hospitalization. Now, there has been some discussion on those mentally ill as in my view scapgoats as a blanket cause for many recent events. It is true that some of these do involve mental illness. But the fact is that those mentally ill are no more violent then any other group. Further it is more likely that a mentally ill person will commit suicide before acting out and killing, some even will seek help. There has been talk of displaced anger, hallucinations, grandiose thinking. I am reminded of the case of Jeffery Dahmer, who murder 17 men, dismembered them and practice cabbubalsim. At his trial Dahmer pled not guilty by reason of insanity. The Judge in the case had Dahmer examined by Daniel Friedman, Friedman did find some history distress in Jeffery life, the main source being demanding parents, but what motiviated Jeffery to do what he did, simply Jeffery wanted to do it.
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