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James B. Gottstein, Esq.
Law Project for Psychiatric Rights |
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jim@psychrights.org |
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Involuntary Commitment |
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Forced Medication |
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The Reality |
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1.
Mentally Ill, |
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and |
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A Danger to Self or Others, |
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or, (in some states) |
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3.
Gravely Disabled (not sanctioned by US Supreme Court) |
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State Laws may define Federal Rights (Mills v.
Rogers) |
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Incompetent to Decline (Refuse) |
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“Professional Judgment” (Youngberg v.
Romeo/Rennie v. Klein) |
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“Best Interests” |
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Where Junk Science Comes In |
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“Substituted Judgment” |
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“Least Restrictive Alternative” |
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Courts accept . . . testimonial dishonesty, . .
. specifically where witnesses, especially expert witnesses, show a
"high propensity to purposely distort their testimony in order to
achieve desired ends." . . . |
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Experts frequently . . . and openly subvert
statutory and case law criteria that impose rigorous behavioral standards
as predicates for commitment . . . |
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This combination . . . helps define a
system in which (1) dishonest testimony is often regularly (and
unthinkingly) accepted; (2) statutory and case law standards are frequently
subverted; and (3) insurmountable barriers are raised to insure that the
allegedly "therapeutically correct" social end is met . .
.. In short, the mental disability law system often deprives
individuals of liberty disingenuously and upon bases that have no
relationship to case law or to statutes. |
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The ADA and Persons with Mental
Disabilities: Can Sanist Attitudes Be Undone? by Michael L. Perlin, Journal
of Law and Health, 1993/1994, 8 JLHEALTH 15, 33-34. |
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“Traditionally, lawyers assigned to represent
state hospital patients have failed miserably in their mission” |
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Houston Law Review January, 1991 Health Law
Issue COMPETENCY, DEINSTITUTIONALIZATION, AND HOMELESSNESS: A STORY OF
MARGINALIZATION Michael L. Perlin |
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Even if we agree with what you (Bob Whitaker)
are saying, we won’t be allowed to do what you suggest. |
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Reaction of Alaska Psychiatric Institute
psychiatrists to Bob Whitaker’s presentation. |
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Public Education |
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Alternatives |
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Serious, Coordinated Legal Attack on Science |
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Historic Opportunity |
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SSRI Debacle |
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The Fraudulent Science is Now Known |
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The Damage Has Been Documented |
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Natural Allies |
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AHRP |
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MindFreedom |
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PsychRights |
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ICSPP |
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NARPA |
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ISPS, Aspire, Drug Awareness |
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Others? |
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Constitutional Right to Least Restrictive
Alternative Meaningless without them. |
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System Change legal challenges |
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Selective Representation |
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Assistance for cases |
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Consulting |
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Briefing |
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Expert Witness Fees |
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Referrals |
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Experts |
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Attorneys |
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Technical Assistance |
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Website Materials |
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Absolutely Critical |
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Need to Pay |
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Identify |
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Myers Forced Drugging Case in Alaska |
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Child case in North Carolina |
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“Rogers Orders” in Massachusetts |
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Psychotropic Induced Homicide in Utah |
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Many unfulfilled requests |
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Montana, Nebraska, Ill., Texas, Minn, Mass. . .
. |
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PPRA Form Letter |
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ICMHP Letter |
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Forced Drugging in Prison Case |
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Threatened Informed Consent Case |
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Expert Witnesses |
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Alternative Treatment Options |
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Action Conference in DC end of April/beginning
of May |
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Volunteers |
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Grant Writing |
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Webmastering?? |
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Research,Organizing, Office |
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Other |
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$$$$ (of course) |
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Notes