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      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
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      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
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      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
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Transitional/ Translational Justice Monday





















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.    
Picture
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.
Picture
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.
Picture
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.
Picture
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.
Picture
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.


Comments are closed.

    Transitional Justice is a term used by the United Nations and others to describe measures to REDRESS MASSIVE VIOLATIONS of HUMAN RIGHTS.

    ​​Translational Justice as we're using it refers to a PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE and is meant to echo TRANSLATIONAL MEDICINE.

    ​
    Translational Justice also means listening to those people impacted by our justice policies

    That means going 360
    ° -- that's hard work
    ​



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  • Home
    • About Orchid >
      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
      • Disclaimers, Limitations and An Invitation
      • Orchid Board
      • Orchid Book Club
      • Conjecture, Science & Translational Research & Medicine
      • Orchid Themes & Symbols
      • The Tipping Point
      • Orchid's Website Advertising Policy
      • Statement for Potential Website Contributors
      • Contact
  • Blogs
    • Val's Blog
    • Val's Blog 2
    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
    • NEURO-DIVERSITY Wednesday
    • Olmstead Law & Order Thursday
    • Translational Medicine Friday
    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
    • Crisis Services in CO, the US & Around the World
    • Assertive Community Treatment & Flexible ACT Index
    • Housing & Homelessness Index
    • Criminal Justice
    • Innovation Index
    • For More: See the Main Orchid Index Page
  • US Federal
    • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
    • Medicaid & Supportive Housing & Housing-Related Services
    • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
    • National Take
  • Research & Translational Medicine
    • Immunology & Mental Health >
      • Alcoholism & the Immune System & Mental Health
      • Brain Injury, the Immune System & Mental Health
      • Celiac Disease & Sensitivities, the Immune System & Mental Illness
      • Mental Illness & The Immune System
      • Racial Discrimination & the Immune System & Mental Health
      • Trauma & the Immune System & Mental Health
      • ***Physical Health Issues, the Immune System & Mental Health Index
    • University of Chicago: Institute of Translational Medicine
  • Hot Topics
    • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
    • Anti-Social Personality Disorder >
      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
    • Executive Functioning & "Prison Brain" >
      • Job Accommodation Network on Executive Functioning Deficits
    • Medicaid & Medicare Network Adequacy >
      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities
  • Mental Health By The Numbers
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
  • Olmstead & Homelessness
  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
  • CO Olmstead Disability Homeless Law & Policy Project
  • Inflammation, the Immune System, Neuro-Developmental Disorders, Psychiatric Disorders, Substance Use Issues & Chronic Disease
  • Microglia and the Brain's Immune System
  • Substance Issues & the Immune System