Blog Posts

"ANTI-SOCIAL ---PERSONALITY--- DISORDER"

7/31/2022

The Immune System, Neuro-Developmental Differences/ Disorders, Ramped Stress Responses, the Challenge of Double Empathy, Social Behavior, Ramped Up Sensory Processing, Epigenetic Changes and ---

SOCIAL ENVIRONMENTS &
INACCURATE MAPS

Conjecture

Neuro-Developmental Differences/Disorders, Psychiatric Disorders, and "Personality Disorders" [now starting to be CONCEPTUALIZED as Neuro-Developmental Disorders] are often papering over DEEPER INDIVIDUAL & GENERATIONAL IMMUNE ISSUES.
- Further, this is also occurring in the CONTEXT of CHRONIC DISEASE PROBLEMS --- CANCER and AUTO-IMMUNE DISORDERS ---
  - Those PHYSICAL PROBLEMS may be more ACCEPTED by the SOCIETY in 2022 (they weren't always accepted) --
  - BUT they too OFTEN come with their own PSYCHIATRIC DISORDERS.

How that SHAKES OUT can REVEAL a lot of UNCONSCIOUS BIAS.

And how HIERARCHY was maybe a PRAGMATIC APPROACH to dealing with the CHALLENGE of COMPLEX INDIVIDUAL DIFFERENCES in COMPLEX SOCIETIES.
- You didn't necessarily have the BANDWIDTH to UNDERSTAND or ACCOMMODATE everyone --
- So you did your best to UNDERSTAND & ACCOMMODATE the KING & HIS CRONIES.
- Or whoever is in POWER.
- In MODERN DEMOCRACIES -- your POLITICAL GROUP.

Einstein: You CAN'T SOLVE PROBLEMS at the SAME LEVEL THEY WERE CREATED.

"I think everybody's crazy, and if I'm the one being a little direct about it, that's fine by me."

----------Ezra Miller, American actor

Professor Daniel Davis, University of Manchester
The Greatest Human Diversity is Within the Immune System

CO Medicaid & Homeless Coloradans w/ Mental Illness

7/20/2022

Issues of Harm Reduction, Level of Care, Choice and Economics

THE ISSUE

Some Coloradans with Mental Illness who are HOMELESS meet the criteria for CO MEDICAID Long Term Care
BUT they don't need assistance with activities of daily living. This requirement for the CMHS (Community Mental Health Supports) Waiver was put in rule at 8.509.15.A.2

There has been a lot of PLAYING GAMES in Colorado Medicaid Mental Health because it is SO POLITICAL, SO EXPENSIVE & the NEED IS SO GREAT..

There are a lot of moving parts --- BUT this doesn't look like PARITY to us.

We would like to see a STATE STAKEHOLDER GROUP that specifically addressed the needs of Coloradans with Mental Illness who meet the LEVEL OF CARE for Medicaid Long Term Care BUT don't need help with activities of daily living.

With special attention to Coloradans who are Homeless and or being released from Jail or Prison.

Further

Medicaid Long Term Care generally opens up the possibility of:
- Nursing Home Care
- Assisted Living Care
- In Home Care

Medicaid Home & Community Based Services "Waivers" such as the Colorado Community Mental Health Supports (CMHS) Waiver are designed for people who meet the level of care for a "nursing home" but can be served in the community.

There are many younger people with mental illness in Nursing Homes because there are insufficient services in the Community -- both on locked wards and open wards.

There are even more younger people with mental illness who are homeless and/or incarcerated because there are insufficient services in the Community.

What a Tangled Web We Weave --- What Was Really Going On In HCPF's Change of Targeting Criteria

CO's Mental Health Continuum of Care Hell

Fixing HCPF's Fair Housing Problem

Nursing Homes & Housing

8.509.15 ELIGIBLE PERSONS

A. HCBS-CMHS services shall be offered to persons who meet all of the eligibility requirements
below: . . .

2. Level of Care AND Target Group.
Clients who have been determined to meet the level of care AND target group criteria
shall be certified by the Utilization Review Contractor (URC) as functionally eligible for
HCBS-CMHS. The URC shall only certify HCBS-CMHS eligibility for those Clients:
a. Determined to meet the target group definition, defined as a person experiencing
a severe and persistent mental health need that requires assistance with one or
more Activities of Daily Living (ADL);

i. A person experiencing a severe and persistent mental health need is
defined as someone who:

1) Is 18 years of age or older with a severe and persistent mental
health need; and

2) Currently has or at any time during the past year leading up to
assessment has a diagnosable mental, behavioral, or emotional
disorder of sufficient duration to meet diagnostic criteria specified
within the Diagnostic and Statistical Manual of Mental Disorders
(DSM -5); and
a) Has a disorder that is episodic, recurrent, or has
persistent features, but may vary in terms of severity and
disabling effects; and
b) Has resulted in functional impairment which substantially
interferes with or limits one or more major life activities.

ii. A severe and persistent mental health need does not include:
1) Intellectual or developmental disorders; or
2) Substance use disorder without a co-occurring diagnosis of a
severe and persistent mental health need.

b. Determined by a formal level of care assessment to require the level of care
available in a nursing facility, according to Section 8.401.11-15; and

c. A length of stay shall be assigned by the URC for approved admissions,
according to guidelines at Section 8.402.50.

Our backward debates & Justice

7/11/2022

In Mental Health and Criminal Justice --- there is enough to know our Diagnostic Categories are WRONG or at the very least RESEARCHERS have raised "REASONABLE DOUBT" about them.

As hard as it is to accept, those INACCURATE DIAGNOSTIC CATEGORIES are RELEVANT to the LEGAL CATEGORIES we've set up in Criminal Justice.

Further, this isn't about going back to the FREE WILL vs. DETERMINISM DEBATE.

This requires a much more sophisticated PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE than what we've got.

Over 600 Research Institutions Question DSM Categories

The US "Mental Health" Debate --- Where it "IS" and Where We'd Like to See It Go

PBS NewsHour July 8, 2022
Brooks & Capehart

This is an analysis of the National Debates on Abortion & Gun Rights.

I'm posting this for the troubling discussion of "MENTAL ILLNESS" in the context of the Gun Debate.

What's troubling to me is the DISMISSIVE nature of "MENTAL ILLNESS" and more broadly "COGNITIVE DISABILITY" in the context of GUN VIOLENCE ----

Unfortunately that dismissiveness appears to be based on discussions with "MENTAL HEALTH EXPERTS."

What do we mean by "MENTAL ILLNESS"?
- The DSM according to NIMH (the National Institute in Mental Health) in 2013 isn't a valid diagnostic manual ---
- And more and more PSYCHIATRIC DISORDERS are being associated with NEURO-DEVELOPMENTAL DISORDERS.

Additionally, it is well documented that BRAIN INJURY is prominent in criminal justice populations around the world, including the US.

I'm sorry BUT this GUN VIOLENCE is NOT just the result of EVIL PEOPLE even though the acts are EVIL.

We need experts who understand there is an UNDERLYING BIOLOGY to these violent acts even if we don't call it --- "MENTAL ILLNESS."

We're Encouraged by this Legislative Session ---BUT There are Some Scary Reminders About How Far We Have To Go

6/20/2022

FEDS: WHERE ARE YOU?

In March 2022, the US Department of Justice issued a "FINDINGS LETTER" to COLORADO re: people with physical disabilities and nursing homes.

There are more "FINDINGS LETTERS" that need to be issued to Colorado and most States.
We are on the 100-YEAR PLAN to COMPLIANCE with EXISTING FEDERAL DISABILITY CIVIL RIGHTS LAWS.

What we really need is COMPREHENSIVE TECHNICAL ASSISTANCE and EFFECTIVE UNIFORM ADMINISTRATIVE ENFORCEMENT.

I am for INDIVIDUAL STATE INNOVATION, CREATIVITY and Tailoring.
- There is NOT just ONE RIGHT WAY to comply with:
  - The Americans with Disabilities Act (ADA)
  - Section 504 of the Rehabilitation Act
  - Mental Health Parity & Addiction Equity
  - Medicaid Network Adequacy
  - Etc.
- The PROBLEM is there is NOT JUST ONE WAY to NON-COMPLIANCE either.

We NEED the FEDS to provide more in the way of CONTINUOUSLY IMPROVED DEFAULT TEMPLATES.

CMS and others are providing "GUIDANCE" sort of BUT Compliance is:
- TECHNICALLY COMPLICATED, and
- POLITICALLY COMPLICATED, and
- ENFORCEMENT is PATCHY.

We do need STATES to push to bring down COSTS, BUT Ironically 2 of the things that are going to bring down costs are:
- BETTER TREATMENTS, and
- BREAKING DOWN BARRIERS to realizing the INTEGRATION MANDATE in the ADA

Especially for Cognitive Disability, Developmental Difference with Average or Above Average IQ --- the CURRENT PATHS TO INCLUSION are more difficult than the MAJORITY appreciates.
- Further, those people with Developmental Differences involving Sensory Processing and Executive Functioning are more VULNERABLE TO PSYCHIATRIC DISORDERS.
- THEIR Strengths and Weaknesses are DIFFERENT ENOUGH that the NEURO-TYPICAL MOLD won't fit.
- If we really put some CONSCIOUS EFFORT into MAXIMIZING the STRENGTHS and WORKING AROUND the "WEAKNESSES" ---
  - We probably can realize some COST SAVINGS.

Many people are not going to get into a HOUSE without a 30-YEAR MORTGAGE ---
- BUT EVERYONE understands that the more YEARS you add to that MORTGAGE --
  - The more you are ULTIMATELY going to pay.

Well, the INTEREST RATE for SOCIAL EXCLUSION, INADEQUATE TREATMENTS, HOUSING & PLACEMENTS for Cognitive Disability/Difference is MANY TIMES that of the average 3O-year mortgage---
- BOTH in TREASURE and HUMAN SUFFERING.

Further, we don't seem poised to REACH COMPLIANCE with EXISTING DISABILITY CIVIL RIGHTS LAWS in 30 YEARS or 60 YEARS.

In fact, it's not clear when we will reach COMPLIANCE.

We need a Plan -- like an Olmstead Plan with:

Measurable Goals
Reasonable Time Frames, and
Funding to Support the Plan

In the meantime, we would like to see ON-GOING ENGAGEMENT and Yearly Reports of State Protection & Advocacy Offices with States on:

Olmstead
Parity
Network Adequacy

Further, State Lawyers Committees and Pro Bono Efforts should PARTNER with State P&A Offices conduct "INVESTIGATIONS" in COORDINATION with the US Department of Justice.

Some of that is being done in States like Colorado and others.

If we are NOT going to FUND UNIFORM and EFFECTIVE ADMINISTRATIVE ENFORCEMENT --- we need to FUND P&A, Pro Bono & DOJ INVESTIGATIONS and Enforcement Efforts.

As encouraged as we all are by a new Colorado Behavioral Health Administration ---

the most DIFFICULT CONVERSATIONS have yet to be had, and
HCPF's 809.15.A.2 on Target Criteria for Colorado's MI Waiver requiring needing assistance with activities of daily living ----
- Speaks VOLUMES about where we've been, where we still are and how far we have to go.

Cloudy Valley Morning --- photo.net

INFLAMMATION REDUCTION as a Civil Rights & Health Equity Issue

6/19/2022

Conjecture

Inflammation is something of a UNIVERSAL LANGUAGE in Animal Biology and it is coding for an enormous number of things.
One of the things that is OBVIOUS --- BUT is
- Not always obvious to the LAW, or
- MEDICAL PRACTITIONERS
We're NOT making ourselves out of WHOLE CLOTH.
We're BORN into this.

There have been a great number of books written recently on INFLAMMATION and seeing INFLAMMATION as a "ROOT CAUSE" of illness.
- That also prompts a lot of books to promote an ANTI-INFLAMMATORY "LIFESTYLE" which is good as far as it goes.
- IT DOESN'T GO FAR ENOUGH

Disparities in Susceptibility to Multisystem Inflammatory ...
https://jamanetwork.com › jamapediatrics › fullarticle

by EA Dennis-Heyward · 2021 · Cited by 3 — In May 2020, the CDC issued a national health advisory for MIS-C, which is now characterized by fever, multiorgan (2 or more) system

Certainly when it comes to NEURO-DEVELOPMENTAL and PSYCHIATRIC DIFFERENCES or DISORDERS --- the "ANTI-INFLAMMATORY LIFESTYLE" doesn't go far enough.
- We have to TARGET DEVELOPMENTAL INFLAMMATION and DYSREGULATION of MULTIPLE SYSTEMS of the BODY.

I don't think a MORE FOCUSED EFFORT on addressing the UNDERLYING BIOLOGY of Neuro-Developmental and Psychiatric Disorders INVALIDATES:
- Personal Observation
- Family Observation
- Social Observation
- Professional Observation

But it does give a much needed CROSS REFERENCE, especially for those at the BOTTOM of the HIERARCHY.

Accommodations, Work Arounds and Life Paths for Differences in Sensory Processing

6/8/2022

Conjecture

"Impairments in early sensory information processing have been consistently identified in patients with schizophrenia as well as in individuals at high clinical risk for developing psychosis.

"There is increasing evidence that the deficits at these early levels of information processing significantly ..."

Sensory Information Processing Abnormalities in ... - Frontiers

[Question: Is it a DEFICIT or is it an EXCESS, BOTH -- INDIVIDUAL?]

"Social and emotional responses rely heavily on the brain's ability to make sense of sensory information.

"Inaccurate information from processing deficits results in aversive emotional reactions from which maladaptive behaviors grow."

Sensory Processing Disorder: It's Not… Something You Outgrow

[Question Again: Is this just DEFICITS, is it also EXCESSES --- does it depend on how we look at it?]

So what does this have to do with ACCOMMODATIONS. WORK-AROUNDS and LIFE PATHS?

Differences in Sensory Processing are often something you are BORN with:
- By and large, the PATH OF LEAST RESISTANCE is just to try to fit in as best you can --- on some level MOST EVERYONE is doing that.
- The PROBLEM comes when YOUR NEEDS and the SOCIETY'S NEEDS or other PEOPLE'S NEEDS are coming into CONFLICT.

Further, HOW MUCH AWARENESS do YOU, EXPERTS or the SOCIETY really have with regard to MORE FUNDAMENTAL "ROOT CAUSES" of these CONFLICTS?

Because this is COMPLICATED --- one of the ways we have "RESOLVED" these CONFLICTS is with SYSTEMS of HIERARCHY.

Those "SYSTEMS of HIERARCHY" are under SCRUTINY by many people and groups of people, including many NEURO-DIVERSE people.

Many psychiatrists now would say ADHD is not an ATTENTION DEFICIT --- it's an ATTENTION EXCESS.

I would say that ATTENTION EXCESS is the RESULT of a SENSORY EXCESS.

Further, we process information through our senses in part by using our EMOTIONS.

On the one hand, we don't REASON without EMOTION --- EMOTION is A PART of the REASONING PROCESS.

On the other hand --- EMOTION is NOT NECESSARILY the END PRODUCT --

UNDERSTANDING and AWARENESS can bring CALM
A FACADE of Understanding and Awareness --- has its limits
And that I think is what PUSHES Human Understanding and Awareness.

I don't think 40 years ago the DSM was a FACADE -- it was imperfect BUT it was the best we could do.
Today in 2022 the DSM is a FACADE for a profession that is not getting SUFFICIENT TRANSLATIONAL RESEARCH SUPPORT.
I think if we're not considering the role of DEVELOPMENTAL DIFFERENCES/DISORDERS involving SENSORY PROCESSING as they relate to PSYCHIATRIC DISORDERS and SUBSTANCE USE DISORDERS,
- We're not likely to be EFFECTIVE, and
- It won't be COST EFFECTIVE

Florence + The Machine
Free

Florence Welch is Neuro-Diverse --- she has Dyslexia.

I think a lot of people who are Neuro-Diverse with HYPER-CONNECTED BRAINS but not necessarily DYSLEXIC --- can RELATE to this idea of FEELINGS and EMOTIONS HITTING ALL AT ONCE.

GO WITH THE FLOW

Neuro-Diverse people are processing often MORE SENSORY INFORMATION
I think that is what makes it EASIER for NEURO-DIVERSE people to PICK UP PATTERNS in DIVERSE DISCIPLINES
- they have MORE EXAMPLES
BUT it takes them LONGER to PROCESS MORE INFORMATION ---
- Einstein didn't talk until he was 3 --- and most of us aren't Einstein
- BUT we are bringing our UNIQUENESS to the TABLE
- Further --- all that INFORMATION in the UNIVERSE is NOT SOMEHOW IRRELEVANT ---
  - - Saying you don't have the BANDWIDTH to CONSIDER something
    - Is SIGNIFICANTLY DIFFERENT than saying it is IRRELEVANT. Leonardo da Vinci was right --- IT IS ALL CONNECTED

For many people, processing ENORMOUS AMOUNTS of Information:
- The Arts
- Entrepreneurship
- Social Entrepreneurship
- Various Forms of Teaching

Can Work.

Neuro-Diverse people can seem CONTROLLING but they are trying to maintain a pretty elusive HOMEOSTASIS.

If you are at the TOP of some PYRAMID (PYRAMID SCHEME) -- then maybe you're able to keep it together (sort of)
If you are at the BOTTOM of some PYRAMID (PYRAMID SCHEME) -- it is going to be NEXT TO IMPOSSIBLE.
- Neuro-Diverse people need a lot of CONTROL over their ENVIRONMENTS because they are SO SENSITIVE to those ENVIRONMENTS.

Further, the important thing about NEURO-DIVERSITY is the DIVERSITY.

It's often Neuro-Diverse people who are in CONFLICT while those NEURO-TYPICALS are trying to figure out what all the FUSS is about.

This is about "Equality" and "Fairness" ---

But it is not EQUALITY in the sense of we're CLONES -- it's EQUALITY in the sense that we're all living beings and we need ENVIRONMENTS that work for us and there are DIFFERENCES.
We have to NEGOTIATE those DIFFERENCES on an EQUAL FOOTING.

"White Supremacy" --- the EXTREME FRUITS of a WIN/LOSE Society

5/16/2022

One of the REVELATIONS of being ENLIGHTENED or "WOKE" or a "REDNECK" is you start to realize that WHO WINS depends on HOW THE GAME IS DESIGNED and STRUCTURED.

Further, there is a kind of ROUGH DIALOGUE between the MIDDLE and the EXTREMES.

Sometimes people with EXTREME EMOTIONS are "LATCHING ONTO" some "IDEA" in the ENVIRONMENT and taking it to its "LOGICAL EXTREME."

HEY THAT'S NOT WHAT WE MEANT!!!!

Journalist Sebastian Junger
TedTalk (2014)

"Civilians don't miss war. But soldiers often do. Journalist Sebastian Junger shares his experience embedded with American soldiers at Restrepo, an outpost in Afghanistan's Korengal Valley that saw heavy combat.

"Giving a look at the 'altered state of mind' that comes with war, he shows how combat gives soldiers an intense experience of connection. In the end, could it actually be "the opposite of war" that soldiers miss?"

Junger makes the DISTINCTION between FRIENDSHIP and BROTHERHOOD.

The COMPETITIVENESS of a GLOBAL ECONOMY and various DIVISIONS have put into HIGH RELIEF the need for BROTHERHOOD and need to bring EVERYONE into a view of the HUMAN FAMILY.

RELIGION, SPIRITUAL TRADITIONS and SCIENCE are a part of this --- and they all EVOLVE.

SmartHistory
The Law Code Stele of King Hammurabi

What's the Point?

4,000 Years Ago ---An EYE for An EYE --- was actually a BIG STEP UP, More Proportional & Compassionate than where some of the PUNISHMENT had been.

Conjecture

The challenge of people with EXTREME EMOTIONS going off on Others I would submit is NOT A NEW CHALLENGE.
Further, our System of Criminal Justice is focused on the "idea" of PUNISHING EXTREME INTENT when it is accompanied by EXTREME ACTIONS.

HISTORY as A CONVERSATION ACROSS TIME

if you look at the CODE OF HAMMURABI -- it is both AMAZING and it SUCKS by MODERN STANDARDS.
Understanding ourselves as A PART OF HISTORY that is WOVEN into the FABRIC of TIME ---
- Can give LIFE MEANING
- AND it can also take some of the pressure off
  - Whatever we are doing now is the best we can do and all things considered probably is AMAZING or ---
    - With greater knowledge and insight ---- WELL, NO WONDER.
Bringing ourselves to scale in the SCHEME OF THINGS, allow us to understand and accept imperfection, keep going and continue to MAKE SAFE SPACES for ourselves and others in an IMPERFECT HUMAN FAMILY.

Civil Commitment in the context of Mental Health System Reform ---Either a Total Red Herring or Not What You Think It Is

5/14/2022

A lot of mental health professionals and people in the Mental Health Center System --- think the ANSWER is to AMEND the CIVIL COMMITMENT STATUTES.

A lot of it is SELF-SERVING --- BUT there are quite a few people who have a GOOD FAITH BELIEF that CIVIL COMMITMENT REFORM or MODIFICATION is at least part of the answer to our MENTAL HEALTH CRISIS.

I spend a lot of time trying synthesize the latest research --- and there's a lot of "STUFF" we should be on top of --- that we're not --- such as the relationship between NEURO-DEVELOPMENTAL DISORDERS and PSYCHIATRIC DISORDERS.

BUT what is really telling is that we're not on top of an EVIDENCED BASED TREATMENT MODALITY that was developed for people with INTENSIVE MENTAL HEALTH NEEDS ----

In the 1970s

I'm talking of course about --- Assertive Community Treatment

Red Herring: An Argument that Distracts you from the Real Issue.

In this case, Civil Commitment Distracts us from the Real Issue: HUGE SHORTAGES of bed space, housing and intensive services and supported employment.

Precision Medicine & Controlled Substances: Marijuana & MDMA

4/27/2022

There is considerable NEED to RAMP UP Research on Controlled Dangerous Substances such as Marijuana and "ECSTASY"

to DIAL BACK some of the EXCESSES of "MARIJUANA" Legalization AND
make available MDMA / "ECSTASY" for PTSD.

Right NOW --- Mental Health is INCOMPETENT (in some respects) and is NOT UP on the LATEST RESEARCH BUT that is primarily because we have NOT provided sufficient TRANSLATIONAL RESEARCH & MEDICINE

AND we're often asking people to WAIT DECADES and DECADES when:What they are currently getting from Mental Health isn't that great (in some respects) --- AND

People are STILL NOT LIVING FOREVER --- even if some people are SUPER AGERSThat DEATH THING is STILL A THING.

We Need PRECISION MEDICINE --- what might "WORK" or be "HARMLESS" for one person --- could be HARMFUL for someone else.

ABC 10
How A First Responder Says MDMA Helped Him Get Past PTSD

Modulating NMDA Receptor Activity Is the Key to Successful Treatment of PTSD

April 16, 2022

Neuroscience News

The Efficacy of MDMA (3,4-Methylenedioxymethamphetamine) for Post-traumatic Stress Disorder in Humans: A Systematic Review and Meta-Analysis

Background: 3,4-methylenedioxymethamphetamine (MDMA), known recreationally as “Molly” or “Ecstasy”, is a triple monoamine reuptake inhibitor. MDMA specifically acts as a weak 5-HT1 and 5-HT2 receptor agonist, targeting 5-HT2A, 5-HT2B, and 5-HT2C receptors. Its potential use for therapeutic purposes with these pharmacological profiles remains a controversial subject.

Studies have shown the potential benefits in clinical trials for post-traumatic stress disorder (PTSD). A larger amount of data has been provided for the push in support of MDMA-assisted psychotherapy in these patients.

Objective: The aim of this article is to compute a meta-analysis and conduct a systematic review of the effects of MDMA on PTSD, discussing the potential benefits and adverse events relative to dosing and stability of treatment.

Discussion: Findings show promising evidence for the potential therapeutic use of MDMA alongside psychotherapy in the treatment of PTSD. The pharmacological profile of MDMA may provide direction for future drug developments to treat patients with treatment-resistant psychiatric disorders.

Relevancy and the FULLNESS OF TIME

4/20/2022

Stephen Covey really put into HIGH RELIEF this distinction between EFFICIENCY and EFFECTIVENESS.

This has RAMIFICATIONS in the JUSTICE SYSTEM --- and many of us are familiar with the phrase: "Justice Delayed is Justice Denied."
Further, I'm going to connect EFFICIENCY to TRADITIONAL EXECUTIVE FUNCTIONING.
- It is important
- It is important to the JUSTICE SYSTEM

The Justice System can be HIGHLY INEFFICIENT.
- Colorado's ACCESS TO JUSTICE COMMITTEE is recommending greater use of TECHNOLOGY and SIMPLIFICATION of PROCEDURES.
  - As many engineers can tell you, the SIMPLER the PROCESS, often the MORE SOPHISTICATED the ENGINEERING.

On the other hand, the American Justice System while it has its SUCCESSES --- has been a CAUTIONARY TALE to the WORLD.
- It's taken a former KGB murderer who heads the Russian Government and has unleashed WAR CRIMES in UKRAINE to push the American Justice System off the RADAR SCREEN.

This may sound like AMERICAN EXCEPTIONALISM --- BUT the fact of the matter is we have a ROBUST HISTORY of WRESTLING with SOME COMPLEX PROBLEMS in the provision of Justice.
- JUSTICE is NOT THE STATE of NATURE --- the STATE of NATURE is MIGHT MAKES RIGHT and the STRONG KILL THE WEAK.

One of the places where WESTERN JUSTICE tends to go OFF THE RAILS --- is ironically it's NOTION of RELEVANCY.

I think we need to EXPLICITLY CONNECT our IDEAS of RELEVANCY with our IDEAS regarding DUE PROCESS OF LAW.
- Of course, that is done ALL THE TIME --- BUT it seems to me we need a MORE SEAMLESS and DIRECT CONNECTION.
- Both for purposes of EFFICIENCY and EFFECTIVENESS.

Under Federal and State Rules of Evidence --- Relevancy is generally anything that would ASSIST THE TRIER OF FACT.

See Federal Rule of Evidence Rule 401 (Test for Relevant Evidence) and 402 (General Admissibility of Relevant Evidence)

AND there is generally a caveat that the EVIDENCE can't be "UNFAIRLY" PREJUDICIAL (it can be "prejudicial" --- just not "unfairly prejudicial.")

See Federal Rule of Evidence Rule 403
(Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons)

So far, so good.

BUT what happens when you have a FACT that ---

Criminal Defendant Bob, Jesus or Jamal has a BRAIN INJURY or DEVELOPMENTAL DISORDER or SUBSTANCE ISSUE or PSYCHIATRIC DISORDER or HISTORY of CHILD ABUSE or TRAUMA.

ABC NEWS: Top 20 "Whitest" and "Blackest" Names

FURTHER, what happens if you have EVIDENCE that MOST CRIMINAL DEFENDANTS have BRAIN INJURY, DEVELOPMENTAL DISORDERS, SUBSTANCE ISSUES, PSYCHIATRIC DISORDERS and HISTORIES of CHILD ABUSE or TRAUMA-----Significantly greater than people not involved in the criminal justice system and at more SEVERE LEVELS.

"ALL OF A SUDDEN" -- over many years and decades ---- Our notions of PUNISHMENT don't seem to comport with DUE PROCESS of LAW and FUNDAMENTAL FAIRNESS --- even as the SAFETY CONCERNS REMAIN.

THIS does require the WISDOM of SOLOMON --- which we don't have BUT we are SLOWLY MOVING IN THE RIGHT DIRECTION.

UNDERSTANDING that many of the "FACTS" of Cognitive Disability that we write off as "IRRELEVANT" and "NO EXCUSE" ---

Are actually highly relevant and
Would be much more EXPLICITLY THE SUBJECT MATTER of a PUBLIC HEALTH APPROACH TO CRIMINAL JUSTICE.

<<Previous

Forward>>

Transitional/ Translational Justice Monday

"ANTI-SOCIAL ---PERSONALITY--- DISORDER"

CO Medicaid & Homeless Coloradans w/ Mental Illness

Our backward debates & Justice

We're Encouraged by this Legislative Session ---BUT There are Some Scary Reminders About How Far We Have To Go

INFLAMMATION REDUCTION as a Civil Rights & Health Equity Issue

Accommodations, Work Arounds and Life Paths for Differences in Sensory Processing

"White Supremacy" --- the EXTREME FRUITS of a WIN/LOSE Society

Civil Commitment in the context of Mental Health System Reform ---Either a Total Red Herring or Not What You Think It Is

Precision Medicine & Controlled Substances: Marijuana & MDMA

Relevancy and the FULLNESS OF TIME

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