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How POOR TREATMENTS Drive POOR REASONING in the JUSTICE SYSTEM

9/30/2022

Conjecture

BOTTOM LINE: Mental Health has often conflated whether they had a viable treatment to whether the person should be punished.

I think this has also been associated with the PRACTICAL PROBLEM of keeping someone at a Mental Facility with Clinicians who really don't know what to do and we're really at WAREHOUSING.

TRADITIONAL MENTAL HEALTH has a role --- BUT there is a BIG NEED to either EXPAND that ROLE or BRING IN OTHER PROFESSIONALS or maybe BOTH.

This issue of EXECUTIVE FUNCTIONING DIFFERENCES is not just about EDUCATING THE PERSON -- it's also EDUCATING OURSELVES, FAMILIES, COMMUNITIES, EMPLOYERS & POLICYMAKERS.

AND "MODIFYING" some of our MODELS.

So PUNISHMENT from an HISTORICAL and PRACTICAL STANDPOINT is very much related to whether:
- we have the RESOURCES for INCARCERATION or SUPERVISION or
- the person seems "REMORSEFUL" and sees the light or
- in MODERN TIMES there is a VIABLE TREATMENT or at least "CONCEPTUALIZATION" that "TREATMENT WOULD BE APPROPRIATE IF WE HAD IT."
BUT that is NOT the CURRENT "LEGAL REASONING" behind "PUNISHMENT" which is founded on this notion of MENS REA (BAD INTENT) + ACTUS REUS (BAD ACT) = Justification for Punishment.
The "REASONING" in our Current Forensic Mental Health Profession is OFF.
- The profession doesn't have a SCIENTIFICALLY VALID DIAGNOSTIC MANUAL--
  - As one might expect, that's throwing a lot of things OFF.
- Most specifically, there's NOT AN UNDERSTANDING of the RELATIONSHIP between NEURO-DEVELOPMENTAL and PSYCHIATRIC DISORDERS.
- THAT'S BIG.
So from a PRACTICAL STANDPOINT what we have been prepared to "EXCUSE FROM PUNISHMENT" is MENTAL BREAKDOWN/PSYCHOSIS --- it's on the EXTREME.
- And it is why you can "sometimes" get people who are plenty cognitively impaired or emotionally dysregulated in the Justice System "PRETENDING" to be "PSYCHOTIC."
- And why Mental Facilities such as the Colorado Mental Health Institute at Pueblo might resist releasing such a person based on some statutory notion of "MENTAL DEFECT" --
  - because arguably THERE ARE ISSUES.
WHAT ARE THOSE ISSUES?
- There are often EMOTIONAL REGULATION as well as other aspects of EXECUTIVE FUNCTIONING.
CONCEPTUALIZATION MATTERS
- It matters for individuals
- Families
- Clinicians
- The Legal System
- Policymakers, and
- The Community
It matters with regard to what kinds of SYSTEMS WE DESIGN.
If we know or have reason to believe that Defendants in the Criminal Justice System have Neuro-Developmental Differences that include EXECUTIVE FUNCTIONING DIFFERENCES ---
- We're NOT going to set up PROBATION SERVICES that are going to set people up to FAIL.
- We're going to look for "WORK-AROUNDS" and "ACCOMMODATIONS" for EXECUTIVE FUNCTIONING DIFFERENCES.
We're going to build on STRENGTHS.
It might be that "PRESSURED SPEECH" is or might be a sign that the person is OUTSIDE the person's INDIVIDUAL RANGE of HOMEOSTASIS for EXECUTIVE FUNCTIONING.
We're living in a Society with "PRESSURED SPEECH" and we have to have SAFETY.

What makes something Kafkaesque?

Tayyab Rashid
"What Are You Good At?"

New Genetic Evidence Suggests a Continuum Among Neurodevelopmental and Psychiatric Disorders (2013)

Another BIG REASONING PROBLEM related to the FAILURE to appreciate the RELATIONSHIP between Neuro-Developmental Differences/Disorders and Psychiatric Disorders:

A lot of people with Neuro-Developmental Differences/Disorders are labelled with a "PERSONALITY DISORDER"

Shared Genes & Psychiatric Disorders

To me this is really a SECULAR SOCIETY'S MORAL JUDGMENT against problematic behavior and greatly abused within the CRIMINAL SYSTEM ---

Especially under the guise of Anti-Social Personality Disorder
- There are often anti-social acts,
- BUT understanding that there are often Neuro-Developmental Challenges under that
  - can change the community's perspective AND
  - the individual's perspective.

This idea of "NARCISSISM" is really really big and "delusions of grandeur" are seen as symptoms of Bipolar Disorder.

If you start to recognize that people with Neuro-Developmental Differences often also have some BIG STRENGTHS that are also the result of RAMPED UP SENSORY PROCESSING ---
I think it can be possible to EXPLAIN these DIFFERENCES in PERCEPTION.

To me, it's not that people with BIG WEAKNESSES can't have BIG STRENGTHS or vice versa ----It's that they often do and those BIG STRENGTHS are often COMPENSATORY.

If we ELEVATE Neuro-Diverse people with BIG STRENGTHS---
We're generally ELEVATING their WEAKNESSES as well.
If we "PUNISH" the Weaknesses of Neuro-Diverse people
- we're often making it impossible for them to use their strengths and
- we're NOT providing VIABLE WORK-AROUNDS or ACCOMMODATIONS for DEVELOPMENTAL EXECUTIVE FUNCTIONING CHALLENGES.
- And if people get pushed outside of HOMEOSTASIS or just WANDER outside of that or get ELEVATED outside of that ----
  - That can look PATHOLOGICAL.

Image Credit: Nurse Leader
Workarounds: The Hidden Pathway to Excellence

I think a lot of Neuro-Diverse people whether they are:

incarcerated or
homeless or
"COVERING UP" their EXECUTIVE FUNCTIONING CHALLENGES or
living with "INTEGRITY" but STRESSED OUT OF THEIR GOURDS or
BURNING OUT or
BREAKING DOWN

Need to look for some "Work-Arounds" for Planning, Organization, Short-Term Memory Issues, etc. as they are also doing MORE THINGS THAT THEY ENJOY AND ARE GOOD AT.

Trey Kennedy & Jake Triplett
Do Less God Bless

Neuro-Developmental Disorders in the Criminal Justice System

9/13/2022

Warning: TRAUMATIC SUBJECT MATTER

Conjecture

Right now we've been "coming to terms" with the HIGH PERCENTAGE of people with serious and persistent mental illness in the Criminal Justice System.

It's on the EXTREMES and its EASIER TO SEE --- HOLMES, GLEN BURTON AKE in Oklahoma many years ago are EASIER TO SEE.

"Glen Burton Ake was arrested and charged with murdering a couple and wounding their two children in 1979. At his arraignment, his bizarre behavior prompted the judge to order a psychiatric competency evaluation."

Ake v. Oklahoma - Wikipedia

[I was a Sophomore in High School in Oklahoma in 1979 --- It was one of the most heinous crimes I think most people could imagine being committed.

It was at least one of the reasons why my father who was so forward thinking in so many areas --- was not for getting rid of the DEATH PENALTY.

As a young Assistant District Attorney, I remember seeing Glen Burton Ake on REMAND --- apparently shot up with THORAZINE, his head and long stringy hair hanging down as the JUDGE said there would be a special place in HELL for him.

Was it AKE or one of the many others --- I forget.

I remember thinking at the time(s) the JUDGE(S) was/were wasting his/her/their time.

BUT I as a young assistant DA --- nobody cared what I thought -- I wasn't trying death penalty cases --- and at time time I didn't really see the DEATH PENALTY as the BIG ISSUE in Criminal Justice.

The Death Penalty was a BIGGER KEY to CRIMINAL JUSTICE REFORM than I realized at the time because it was going to FOUNDATIONAL VALUES.

Importantly, heinous crimes that shock the conscience aren't just those resulting in death --- the Kidnapping of Elizabeth Smart certainly qualified. The Mental Health Problems of the Kidnappers of Elizabeth Smart --- were on the EXTREMES and EASIER TO SEE.

I remember hearing of a man in California who had sexually assaulted and cut off the arms of a young girl ---- and thinking I could kill him quite easily myself.

In the last few years, WESTWORD pointed out that NOT GUILTY BY REASON OF INSANITY isn't just for that axe murderer anymore --- which I think we all should take a moment to be GRATEFUL for.

Later, I would work for THE LEGAL CENTER FOR PEOPLE WITH DISABILITIES & OLDER PEOPLE ---- I think we both thought the other was quite NAIVE --- often in IRONIC WAYS.

BUT THE TRUTH IS WHILE A SIGNIFICANT PERCENTAGE OF PEOPLE IN THE CRIMINAL JUSTICE SYSTEM HAVE SEVERE & PERSISTENT MENTAL ILLNESS ---

NEURO-DEVELOPMENTAL DIFFERENCES such as ADHD, AUTISM and/or DYSLEXIA are ENDEMIC to the CRIMINAL JUSTICE POPULATION.
Those "SUBSTANCE ISSUES" are often an attempt to "MANAGE" a DYSREGULATED BIOLOGY that can absolutely be made worse by BAD SOCIAL CIRCUMSTANCES.
- EPIGENETICS

Poor Males and Males of Color with Neuro-Developmental Disorders are much more likely to find themselvs in the CRIMINAL JUSTICE SYSTEM.

We have I think let the BATTLE of the SEXES get OUT OF CONTROL and generally FAIL to RECOGNIZE CAUSES beyond the first link in the chain of causality.

To me this is similar to Henry the VIII blaming his wives for the problems he had in acquiring a male heir.
MALE BAD BEHAVIOR can be a BIG PROBLEM--- probably some of it --- is related in part to MATERNAL IMMUNE ACTIVATION during pregnancy which is associated with both NEURO-DEVELOPMENTAL & PSYCHIATRIC DISORDERS.
- That MATERNAL IMMUNE ACTIVATION is quite COMPLICATED and part of it could be in some cases attributed to a BAD SOCIAL ENVIRONMENT --- in other cases --- other factors might be more influentIal.
- Further, there are complicated GENERATIONAL & HISTORIC ISSUES.

Scientific Reality, A Kinder Gentler Nation --- & Making Our Piece with the State of Nature

Allan David Bloom (September 14, 1930 – October 7, 1992) was an American philosopher, classicist, and academician. --- Wikipedia

Breaking Things Down --Lowering the Burden of Proof for Safety--- Getting Rid of Punishment

9/5/2022

Conjecture

Below is information on a beneficial bacteria suicidal people may be missing. There's also work on a blood test for suicidality.

I personally think we're going to find biomarkers for homicidality as well.

One of the things that is going on with Biomarkers is often not as simple as a SINGLE GENE ---

Additionally, there's the "BRAIN" --- but there's a lot going on outside the Central Nervous System --- including the Immune System, the Endocrine System, Metabolism, etc.
There's a lot of "DEVELOPMENTAL DIFFERENCE" out there related to ADHD and/or Autism that is related to MATERNAL IMMUNE ACTIVATION and SYSTEMIC DEVELOPMENTAL INFLAMMATION.
- For people with SYSTEMIC DEVELOPMENTAL INFLAMMATION and an IQ over 70 --- what's out there in terms of TREATMENT & "SUPPORT" is so INADEQUATE it is BURNING OUT and BREAKING DOWN many people.
  - PART OF "PRO-LIFE" is SUPPORTING PEOPLE (ALL PEOPLE) -- INCLUDING AFTER THEY ARE BORN.
There's Epigenetics
There's ENVIRONMENT and
There's the MICROBIOME which is NOT even technically "HUMAN."
All of these things and more have complicated inter-relationships.
When we think about "JUSTICE" --- those "IDEAS" have evolved.
"BURDEN OF PROOF" is one of the "IDEAS" that we came up with to address the EQUITIES of who should bear the BURDEN of bringing forth evidence.

Related Ideas include:PRIMA FACIE ---

Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima facie evidence."

It may also be used as an adverb meaning "on first appearance but subject to further evidence or information." An example of this would be to use the term "prima facie valid."

A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.

I think what has happened over the course of Centuries and currently at a very fast pace is the understanding of the BIOLOGICAL BASIS OF BEHAVIOR.

Stanford Professor Robert Sapolsky's book
Behave: The Biology of Humans at Our Best and Worst Selves makes that PRIMA FACIE CASE for the BIOLOGICAL BASIS OF BEHAVIOR.

Let's just say that the "BIOLOGICAL BASIS OF BEHAVIOR" was NOT the motivating force behind the Origins of the Criminal Law except in an indirect way.

I love this video with Professor Sapolsky --- I think he makes some excellent points with regard to the HISTORICAL TRAJECTORY of our Understanding of Behavior and its Biological Basis.

How Many Angels can dance on the head of a pin and The Free Will vs. Determinism Debate

I don't agree with Sapolsky's framing of the "FREE WILL vs. DETERMINISM DEBATE" and the reason I don't agree with it and really with the construction of the debate itself is because it is RUNNING IN THE WRONG DIRECTION CHRONICALLY and the "ABSOLUTIST" framing bears little relationship to "REALITY" and practical concerns.

I think people want "CONTROL" over their lives and Human Beings have been working to get that "CONTROL."

As we get more UNDERSTANDING of our BIOLOGY and the World Around US --- we can and do get more "CONTROL" --- we often also learn that things were not as they appear or more complicated than we thought.

There are an INFINITE NUMBER OF POINTS between "FREE WILL" and "DETERMINISM" and all around those two points that the DEBATE seems to miss.

BUT unless we someday become gods who are ALL-KNOWING --- WE NEED TO GET OUT OF THE PUNISHMENT BUSINESS.

So maybe Sapolsky is right insofar as our ideas going to "FREE WILL" are foundational to our systems of "PUNISHMENT" --- and we need to get out of PUNISHMENT.

Further, even "GOD" may not be in the PUNISHMENT BUSINESS.

Bishop Carlton Pearson says he received a religious message that there is No Hell.

Mental Health Courts --- Pro & Con

We've started to address biological issues in Criminal Justice much more DIRECTLY in the form of PROBLEM-SOLVING COURTS --- specifically, MENTAL HEALTH COURTS, DRUG COURTS and even VETERANS COURTS.

The BURDEN of PROOF in CRIMINAL LAW is SO HIGH --- PROOF BEYOND A REASONABLE DOUBT --- WHY?

Because we're talking about "PUNISHMENT" -- often SEVERE PUNISHMENT.

The "BIOLOGICAL BASIS of BEHAVIOR" undermines the RATIONALE for PUNISHMENT --It doesn't undermine the RATIONALE for SAFETY.

On the one hand, we've already developed "CERTIFICATION PROCEDURES" for danger to self or others or gravely disabled ---With a LOWER BURDEN of PROOF than in the Criminal Law.

On the other hand, we have a HEALTH CARE SYSTEM that was overwhelmed by various forms of "COGNITIVE DISABILITY" early on.

It got a lot WORSE with DE-INSTITUTIONALIZATION for many reasons.

Over-Reliance on the "MIRACLE" of psychotropic drugs being one of the issues.

Leading to a FAILURE to INVEST in INTENSIVE SUPPORTS in the COMMUNITY.

Understanding the CONNECTION between DEVELOPMENTAL DIFFERENCES such as ADHD and Autism and PSYCHIATRIC DISORDERS and persistent EXECUTIVE FUNCTIONING CHALLENGES ---

Could greatly INFORM NEEDED SUPPORTS in the COMMUNITY.
It could also potentially "MITIGATE" some of the COSTS.

University of Florida

Differences in Saliva Bacteria of Students With Recent Suicidal Thoughts (2022)

August 27, 2022

Neuroscience News

Summary:

Students who reported recent suicidal thoughts had different bacterial compositions in their saliva compared to those who did not report suicidal thoughts.

Significantly, suicidal students presented with lower levels of Alloprevotella rava, a bacteria associated with positive brain health, in their saliva samples.

Transitional/ Translational Justice Monday

How POOR TREATMENTS Drive POOR REASONING in the JUSTICE SYSTEM

Neuro-Developmental Disorders in the Criminal Justice System

Breaking Things Down --Lowering the Burden of Proof for Safety--- Getting Rid of Punishment

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