Notes
Slide Show
Outline
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Unwarranted Court Ordered Medication: A Call to Action
  • James B. Gottstein, Esq.
    Law Project for Psychiatric Rights
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Jim Gottstein


  • Attorney- Consumer/Survivor
    • http://akmhcweb.org/recovery/jgrec.htm
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Floats
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Cabin
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Bald Mountain
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Red Shirt
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The Widespread Damage Caused by Medically Unwarranted Forced Medication Must Be Stopped
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Does Not Address:
  • Criminalization
  • Other Drug Coercion
  • Rest of Coercive System
  • Discrimination
  • Stigma
  • Etc.
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To Succeed You Need Both:
  • Legal
  • Public Relations
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The Legal Standards:
  • Involuntary Commitment
  • Forced Medication
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Involuntary Commitment Standards
  • 1.  Mentally Ill,
  • and
  • 2.  A Danger to Self or Others, or, (in Some States)
  • 3.  Gravely Disabled (not sanctioned by US Supreme Court)
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Forced Medication Standards
  • State Laws define Federal Rights
  • “Professional Judgment”


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"Yikes,"
  • Yikes, but
    • They don’t have the science
    • They are not truthful
    • They are not used to a vigorous legal attack
      • Need to Explain
      • JG’s sole involuntary Med Proceeding
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Call to Action:
The Proposal
  • Organization
  • The Manual
  • Expert Witness $$$
  • Develop Law Through Selective Appeals
  • Associated Public Relations Campaign



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Organization
  • Consumer Directed
  • No Gummint Money
  • Volunteers mostly
    • Including pro bono lawyers
  • NARPA seems like a good fit to do organizing work
    • People in every state
  • Law Project for Psychiatric Rights is a Possibility
    • But no organized network
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The Manual
  • A Guide for Attorneys
    • Research (Legal and Medical)
    • Canned Briefs
    • Canned Sworn Expert Reports
      • Drug by Drug
      • Fraudulent Science
    • Model Cross-Examinations
      • Perlin
    • Suggested Strategies
      • Expert Depositions of all adverse witnesses
      • Public Hearings
      • Separate Commitment from Medication Proceeding
      • Suppress pre-admittance information
    • Etc.
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Expert Witnesses
  • Absolutely Critical
  • The main thing that can’t be done mostly volunteer.
  • Need Substantial $$$$
  • Develop a List
    • State by State/City by City
  • Sworn Expert Report
    • e.g. research è 3 weeks before meds
      • (attorney may be able to get some time)
    • Drug by Drug
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Develop Law Through Appeals
  • Brick by Brick
  • Good Facts
  • I am not an Expert on This, but
    • Need Good Facts
    • Bad Facts Are Death to the Effort
  • Perlin and Stefan Are Experts
  • No Law in Alaska (Clean Slate)
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Public Relations
  • Historic Opportunity
    • Mad in America
    • Bill Moyers: Science for Sale
  • The Fraudulent Science is Now Known
    • Mad in America (and many others)
  • The Damage Has Been Documented
    • Private Firms Can/Will do this for $$$
    • Class Actions Bad
  • Going After Greed and Corruption is the Current Fad
  • Otherwise, System is What Public Wants


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Specific PR Steps
  • Counter Every Psycho-Pharmaceutical Complex Claim
  • Talk Shows
  • News Shows
  • Develop Relationships
  • Develop Scandal Stories
  • Etc.
  • i.e., Serious Public Relations Effort
  • Dress Up (Look Good)
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Legislative Work
  • Congress
    • 535 Copies of Mad in America
    • Identify People Who Have (good) Relationships With Members
      • Barney Frank
      • Tom Lantos
  • State Legislatures
    • Same Thing
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Carpe Diem
  • Ex Post Hasto
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Thank You For Coming