Blog Posts

DOJ Sues Colorado for Disability Civil Rights Violations

10/10/2023

The US Dept. of Justice is focusing on the INSTITUTIONALIZED NURSING HOME POPULATION with "PHYSICAL DISABILITIES" in Colorado and alleging Colorado is not providing sufficient HOUSING and SERVICES for them in the Community.

From my perspective, Colorado is a very interesting RICH STATE/POOR STATE budget case.

Not all but a lot of DOJ's Disability Rights Cases are filed in POOR STATES --- Colorado is a VERY AFFLUENT STATE with a RESRICTED STATE BUDGET under TABOR and other measures.

I do believe that the ADA and other Federal Law TRUMP TABOR --- but I don't want to start a CIVIL WAR over it.

DOJ doesn't have the resources to file every ADA case out there and they don't --- I think it is significant that they finally filed against COLORADO.

Federal Reports have shown that there are many people with "MENTAL ILLNESS" institutionalized in Nursing Homes.

How people FEEL about that depends on the person.
I am aware of one white young man in SOLITARY with developmental disabilities and mental illness and substance issues in the Denver Jail that came to Colorado because he heard MARIJUANA was legal.
- Mr. Universe, an older black man in his 50s with mental illness who had been homeless since he was 11 ----
  - begged and begged for me to help this young man until I finally relented.
  - GIVEN the options and there weren't many --- the young man wanted to go to the NURSING HOME.
    - But he really did want to go to the nursing home and it was a lot better than SOLITARY in the Denver Jail.
- Mr. Universe is now serving over 20 years in a Colorado prison at least in part because he was tagged with "ANTI-SOCIAL PERSONALITY DISORDER" at CMHIP.
  - I hope the IRONY of that does not escape you --- because it does not escape me.

DOJ ADA Enforcement --- Colorado

See Also

Department of Health and Human Services

      OFFICE OF INSPECTOR GENERAL
      JANUARY 2001 -- OEI-05-99-00700
      YOUNGER NURSING FACILITY
      RESIDENTS WITH MENTAL ILLNESS:
         Preadmission Screening and Resident Review (PASRR) Implementation and Oversight

Especially when it comes to addressing COGNITIVE DISABILITY ---

There's all kinds of COMMONALITY OF INTEREST in more effectively and comprehensively addressing COGNITIVE DISABILITY:

Brain Injury
Mental Illness
Developmental Difference/Disability
Substance Issues that are often related to one or more of the above.

Findings of Fact & Conclusions of Law --- March 2022

Complaint --- Sept 2023

We'd like to see DISABILITY LAW COLORADO, Colorado's federally funded Protection & Advocacy Office for People with Disabilities, investigate Colorado's Compliance with Title II of the ADA and Olmstead in relation to:

Homeless People with Cognitive Disabilities and
Justice-Involved People with Cognitive Disabilities being released from Incarceration.

We'd like that report to be made public as well as delivered to the US Department of Justice.

The ADA, FEDERALISM & DIVIDED GOVERNMENT In Action

8/7/2023

Val's Take

There are MANY, MANY WAYS to address STATE NON-COMPLIANCE with "Olmstead."
I've said this many times --- STATES are OSTENSIBLY ALL FOR IT ---

BUT

The "HOUSING PIECE" of SUPPORTIVE HOUSING is at least PARTIALLY an UNFUNDED MANDATE.

FURTHER, especially with Cognitive Disability

States are very much necessary
- BUT MUNICIPALITIES on the Frontlines of the Homeless Crisis and
- COUNTIES as the Funders of COUNTY JAILS
  - are very much needed as well

The STATES have SUCCESSFULLY COST-SHIFTED a lot of DISABILITY HOUSING RESPONSIBILITIES to the COUNTIES AND MUNICIPALITIES.

I think it is the COUNTIES and MUNICIPALITIES that have an ALIGNED INTEREST in DOING THE DATA COLLECTION.

The challenge is we do need UNIFORM DATA COLLECTION
Maybe the State could fund that through County Health Depts.

"OLMSTEAD" does NOT APPLY to every person with a disability.

It applies to people with Disabilities who are "INSTITUTIONALIZED" or
At risk of "INSTITUTIONALIZATION."

CNN
Cook County Sheriff ---
Jail System Doesn't Make Sense

CSG (The Council of State Governments) Justice Center

Stepping Up: How to Set Targets to Reduce the Number of People with Serious Mental Illness in Jails

Developmental Difference and Mental Health ---Ignorance as a Social Justice Issue

6/7/2023

Sometimes I want to "SHAKE" the Mental Health Profession or the Criminal Justice System so badly -- but it wouldn't do any good . . .

The challenge we really have is of IGNORANCE.

That has changed a lot in my lifetime and the pace of change is quickening because more and more NEURO-DIVERSE people (who are highly motivated) are starting to address their ignorance about these issues.

Further --- THIS ISN'T EASY.

There are some very good reasons why this relationship between Developmental Difference (Maternal Immune Activation) and Psychiatric Disorders is just now being viewed on a "CONTINUUM" by researchers.

Further --- it is NOT JUST NEURAL --- this is often affecting MULTIPLE SYSTEMS OF THE BODY.

Who is Uncle Billy and Who is George?

Composing to Avoid Cacophony --- Understanding Asynchrony

Assessments of Executive Functioning and The Need for Occupational Therapy & Support

5/5/2023

Conjecture

I'm not saying there's NO ROLE for traditional therapy--- because I think there is a VERY IMPORTANT ROLE ---

BUT

We have to get beyond whether someone knew right from wrong to what their EXECUTIVE FUNCTIONING ACTUALLY IS.

Even many RELIGIONS --- say there is a LIMIT TO GUILT ---
- WE NEED TO LET GO OF THAT and FIGURE OUT HOW TO ADDRESS OUR PROBLEMS MORE EFFECTIVELY.

I DO SEE THIS AS A JUSTICE ISSUE.

When we start talking about things like:
- Short Term Memory
- Planning
- Emotional Regulation
- Organization
- for some people Reading

We're NOT talking about how "INTELLIGENT" someone is.

That is really important not only to get to what is ACTUALLY going on --- BUT to build TRUST and also to reduce STRESS for EVERYONE.

There are a lot of extremely "GIFTED and TALENTED" people who have these EXECUTIVE FUNCTIONING CHALLENGES.

I think when we're talking about both CHILDREN and ADULTS it is important to understand someone's level of executive functioning not just in relation to isolated tasks ---

BUT given the "TOTALITY OF THE CIRCUMSTANCES" and DEMANDS of the ENVIRONMENT in which they are living.

Beyond "Try Harder"

2/28/2023

Val's Take

Historically, Humans treat most HEALTH PROBLEMS as Evidence of the DISFAVOR of the God, GODS, FATE or MORAL FAILINGS:

because it wasn't clear to people what was going on;
they were AFRAID --- sometimes needlessly -- but NOT ALWAYS
AND Health PROBLEMS were often demanding:
- CARE from other people --
  - who even if they wanted to help --
    - didn't know HOW.

Addressing complex health problems often takes GENERATIONS OF HUMAN EFFORT to UNTANGLE.

I may think Dr. Palmer doesn't have it perfectly right --- but I do think he is RIGHT --

to get to the CELLULAR LEVEL, and
Start bringing in other SYSTEMS OF THE BODY
- when it comes to understanding Neuro-Developmental and Psychiatric Disorders, Metabolic Disorders, Auto-Immune Diseases, Cancer, Neuro-Degenerative Diseases and AGING.

BUT Dr. Palmer as most of us when we're FRUSTRATED resorts to:
TRY HARDER --- even when it is so clear we need better STRATEGIES than that.

We're really having a HARD TIME coming to terms with the DEVELOPMENTAL ASPECTS of Neuro-Developmental Differences and Psychiatric Disorders.

I'm not saying we can't ultimately get around those DEVELOPMENTAL ASPECTS, but
We tend to UNDER-ESTIMATE what it is really going to take.

That person sitting across from you is NOT YOUR CLONE --

they have STRENGTHS you may not have,
and WEAKNESSES you may not have --- AND
VICE VERSA.

I like Palmer but I don't think he has the BROADER UNDERSTANDING of Stanford's ROBERT SAPOLSKY and the Biological Basis of Behavior and the Implications, including the Justice Implications for that.

Big Think
Professor and Author Robert Sapolsky

I think theFree Will debate is there BUT misguided.

What Sapolsky GETS RIGHT is a COMPREHENSIVE VIEW OF THE BIOLOGICAL BASIS OF BEHAVIOR

"You are never really going to understand what is going on if you get it into your head that you're going to be able to explain everything with this is--

the part of the brain

the childhood experience

the hormone

the gene

or the evolutionary mechanism

---That explains everything.

"It doesn't work that way. Instead any behavior is the result of biology that occurred a second ago, hours ago, days ago -- a million years ago."
. . . .

"O000h it's complicated. Well, that's very useful.

"How 'bout, 'OOOh it's complicated and you better be really careful and really cautious before you think you understand the causes of a behavior, especially if it's a behavior you judge harshly.' "
. ------Prof. Robert Sapolsky Stanford

The Need for a New Integrated DSM

The Definitional Argument in Mental Health & Criminal Justice Policy

A Strength-Based Approach

Are Mental Illnesses Really Metabolic Disorders?

Dr. Chris Palmer

Director of the Department of Postgraduate and Continuing Education at McLean Hospital and an Assistant Professor of Psychiatry at Harvard Medical School.

Try Smarter, Not Harder

I think Mental Illnesses are often IDIOSYNCRATIC DYSREGULATIONS of Multiple Systems of the Body that are INTEGRATED.

Further, people with Bipolar Disorder seem to have been BORN WITH MORE REACTIVE CELLS.

Is it all about the Brain and the Central Nervous System, or the Immune System, or Metabolic Processes, or the Endocrine System, or the Microbiome --- or ALL OF THE ABOVE.

It seems to me that Maternal Immune Activation, Shared Genes, Epigenetics and Inflammation acquired during the lifetime are the BIG DRIVERS affecting MULTIPLE INTEGRATED SYSTEMS OF THE BODY.

Further, the Relationship between Neuro-Developmental Disorders and Psychiatric Disorders I think means that LIFESTYLE CHANGES will often help --- BUT MAY OR MAY NOT BE SUFFICIENT.

I think Dr. Palmer has some important, critical insights ---- On the other hand, psychiatry has really had a hard time understanding DEVELOPMENTAL DIFFERENCES for people with an IQ above 70.

I do think there is a certain OVER-REACHING for Dr. Palmer --- BUT I think he is making some legitimate points.

Paul Micallef -- Autism from the Inside

"My strategies tend to be very different than what work for other people.

"THE BEST THING FOR ME IS TO DO WHAT WORKS FOR ME."

If we have some great break-throughs in the treatment of Neuro-Developmental Differences & Psychiatric Disorders --

We should take advantage of them as ethically appropriate.

IN THE MEANTIME:

Saltz' recommendation to spend 80% of the time on STRENGTHS DEVELOPMENT, and
20% on Work-Arounds for Weaknesses

is probably pretty good.

Further, those STRENGTHS & WEAKNESSES are likely falling outside NEURO-TYPICAL RANGES.

The low to HIGH Grade PARANOIA in the Legal Profession ---Talking About Issues Openly

2/15/2023

There are many things about the practice of law that make TRUE PROBLEM-SOLVING problematic.

Unfortunately, there are REASONS for why the LEGAL PROFESSION finds itself in so many double binds.
HOLDING PEOPLE or ENTITIES ACCOUNTABLE is NOT THE SAME THING --- as PROBLEM-SOLVING.

PROVIDING FOR SAFETY in the 21st Century is a lot more complicated than holding people accountable
Evidentiary Rules of "RELEVANCY" --- often miss the ELEPHANT or ELEPHANTS in the room and that often makes problems WORSE --- NOT BETTER.

The Law often CODIFIES "US vs. THEM THINKING."

GOOD IDEAS can come from ANYWHERE --- regardless of ACADEMIC DEGREES or where one is on the POLITICAL SPECTRUM or whether someone is actually pretty close to us and we're COMPETING for the SAME LANE
there are enough LANES for EVERYONE if we're CREATIVE about this.

Props
/präps/noun1. respect or credit due to a person: informal"Erika gets props for the great work she did on the music"

Val's Take: I think the criticism of Pomerantz is UNFOUNDED --- BUT I think "PROSECUTIONS" rarely get to "ROOT CAUSES."

I think LEGAL ACTIONS can potentially get to "ROOT CAUSES" ---

if the LAW has the bandwidth to FACILITATE COMPLICATED Problem-Solving---
That often looks more like TRADITONAL NOTIONS of EQUITY and taking into account "the Totality of the Circumstances"
- I think in most cases if we take into account the "Totality of the Circumstances" certainly that we're aware of in the 21st Century ---
  - We're outside PUNISHMENT
- We're NOT OUTSIDE SAFETY or FAIRPLAY

[The ADA is in many ways on the FORE FRONT of this kind of approach with "REASONABLENESS STANDARDS" and "Inter-Active Processes" ---

Human Disability is COMPLICATED and there has been the need for a FAIR AMOUNT OF ADDITIONAL GUIDANCE whether in the form of
- Administrative Executive Regulations, and/or
- Agency Guidance]

The Statutory Law narrowly circumscribes the issues to put people on NOTICE--- it can feel UNMANAGEABLE to deal with larger issues until you realize you didn't SOLVE the larger issues.

AND THOSE CIRCUMSCRIBED ISSUES KEEP COMING BACK.
And you may have made them WORSE.

Whether we are for the PROSECUTION of:

"BIGWIGS"
Rich people
Law Enforcement
Poor People
or as many people as possible
- Those "prosecutions" often SHORE UP the RATIONALE for SECRECY and
- PUSH real PROBLEM-SOLVING further away.

The STATES aren't complying with Olmstead ---

BUT one of the REASONS they are NOT COMPLYING is that some of STATES' most EXPENSIVE OBLIGATIONS are OUTSIDE MEDICAID:
- Medicaid's failure to cover Housing for people needing LONG TERM CARE, and
- Medicaid's Rule Excluding Payment for IMDs (Institutes for People with Mental Disease).
  - I'm not a big fan of Institutes of Mental Disease but they are generally better than Jails and Prisons

Further, it is clearer in 2023 than it was in 1999 that most of the people who are incarcerated have some type of Cognitive Disability, most notably:

Brain Injury,
Neuro-Developmental Differences/Disorders going to Executive Functioning,
Psychiatric Disorders (that can be additional manifestations of the Neuro-Developmental Differences/Disorders),
and Substance Issues that are often related to one or more of the above.

[Additionally. large segments of the population are dealing with some type of Developmental Inflammation that can be made worse by the environment --- and there is unconscious bias in prosecutions --- the Community as a WHOLE has a large interest in addressing these issues as the PUBLIC HEALTH ISSUES they are.]

Additionally, while Assertive Community Treatment (ACT) has been around since the 1970s ---

I think it is becoming MORE CLEAR why ACT can be particularly helpful and is often worth the money.
It is providing SUPPORT for Executive Functioning Challenges that may not have resolved even if a Psychosis did resolve.

I do think people with Psychiatric Disorders and Neuro-Developmental Differences and Families can help with PRECISION targeting of services that could save the States and the FEDS money.

So on the one hand States have had 20 years since the Olmstead decision to deal with this ---

But the truth is States and the Feds didn't really appreciate what they were dealing with --
and if the truth be told --- neither did Individuals or Families.

Knowledge can also help get us out of the perceived need for SECRECY.

Economics & Justice of a SYSTEM BROKEN in Multiple Places ---

1/3/2023

Healthcare Administration, Legal Administration, Doctors, Lawyers, Social Workers & Admin.& ---- BIG SHORTAGES

Executive Functioning as a HOT TOPIC is moving from YOUTUBE to PRIME TIME COP DRAMAS

Last night I was watching the new crime drama "East New York" about community policing --- and what did they slip in there BUT the "EXECUTIVE FUNCTIONING CHALLENGES" of one of the officers --- and he brought it up.

One of the shows my husband got me hooked on before he passed away was "Longmire"--- what to me was particularly interesting about "Longmire" was the MEDICAL LANGUAGE that the characters were using in law enforcement, cowboy gear in Wyoming----

On the one hand it seemed incongruous --- on the other hand --- it seemed like reality.

Not Judging History --- Not Judging in the Present Moment

Even though I had a Dad who was a History Major and didn't agree with "judging history" by contemporary standards and at the same time was a proponent of SOCIAL CHANGE . . . I didn't get it.
I get it now ----in the process of having lived a complicated life in which the KNOWLEDGE I needed for a SMOOTH JOURNEY wasn't there ---
- and NOW SOME OF THAT MISSING KNOWLEDGE IS THERE --- and it does make a DIFFERENCE.

Overpaid Healthcare Administrators are an EASY TARGET --- but the TRUTH is our UNDERSTANDINGS have MISSED A LOT.

SOCIAL WORKERS and ADMINISTRATIVE SUPPORT are the most CRITICAL PIECES in MENTAL HEALTH TODAY ---
- BUT BIG SHORTAGES and OVERLY BUREAUCRATIC SYSTEMS mean you need a lot of eyes to find that "NEEDLE IN A HAYSTACK" --
  - Such as Supportive Housing

One of the REASONS why we have these BIG SHORTAGES is we largely have not understood PSYCHIATRIC ISSUES as DEVELOPMENTAL ISSUES involving among other things EXECUTIVE FUNCTIONING.

Lawyers like Doctors provide that ADMINISTRATIVE SUPPORT where they can FINANCIALLY JUSTIFY IT ---

for Doctors it might be Cancer,
for Lawyers it might be Corporate or in the Street Law Realm --- Personal Injury

When I was working at The Legal Center for People with Disabilities and Older People (now Disability Law Colorado) ---

We were often admonished not to get sucked into doing SOCIAL WORK.
But as one therapist at the St. Francis Center said, "You need a case worker to get a case worker."

I was heartened to see on Colorado's Department of Healthcare Policy and Financing website --- a relatively new complaint form regarding CASE MANAGMENT.

I hope the purpose of those forms is NOT to SCAPEGOAT some little case manager but to address larger systemic issues.

I do think one possible way to address the BIG SHORTAGES is through a pro bono legal project directed towards INDIVIDUAL OLMSTEAD COMPLAINTS ---

But many of the attorneys who have the EXPERTISE to handle these issues could not provide the LEVEL of EMOTIONAL and ADMINISTRATIVE SUPPORT that their clients need to get through the PROCESS.

Peer Advocates and
Paralegal Support

might solve that.

Ted-Ed
What Makes Something Kafkaesque?

For me what makes "Mental Health" Kafkaesque is being asked to follow "EXPERTS" who aren't very good "EXPERTS" ----

But the SOCIETY is seemingly PARALYZED to Address Legitimate Concerns in the Profession.

I'm posting this video of very sweet neuro-divergent therapist Louise Taylor for the ENDING --- "THE FUTURE IS NEURO-DIVERSE."

That future is already here and to me it is one of the BIG REASONS we're struggling with a MENTAL HEALTH CRISIS.

We are getting better at WORKING AROUND and ACCOMMODATING Executive Functioning Differences --- to me that is a BIG KEY to staving off BURNOUTS and BREAK-DOWNS ---and maybe you'll have TIME TO ENJOY SOME OF THOSE NEURO-DIVERGENT STRENGTHS.

National Institute of Mental Healh
"IN A TIME OF DISCOVERY"

Mental disorders are among the most complex problems in medicine, with challenges at every level from neurons to neighborhoods.

Yet, we know so little about mechanisms at each level. Too often, we have been guided more by religion than science.

That is, so much of mental health care is based on faith and intuition, not science and evidence.

On the plus side, we put a premium on listening and compassion. We help people to change through understanding.

But not enough of our care has been standardized to a high level of quality, as expected in the rest of medicine.

------------Dr. Tom Insel, Director of the National Institute of Mental Health from his October 2014 Blog Atonement

Science Up

Scapegoating Not Necessarily the "INNOCENT" --- BUT the CLOSEST LINK IN THE CHAIN OF CAUSALITY

12/13/2022

Criminally prosecuting the officers in the Christian Glass case --- seems FAIR --- maybe even PROGRESSIVE --- BUT is it?

Colorado Abuse & Neglect Cases Involving People with Disabilities

Basically what we're doing in Criminal Justice is taking the closest link in the CHAIN OF CAUSALITY --- deeming everything else "IRRELEVANT" because we don't have the bandwidth to deal with it ----

Punishing someone or Finding them "NOT GUILTY" --- calling it good
& the Underlying Systemic Problems generally remain
& UNFORESEEN or FAIRLY FORESEEABLE NEGATIVE CONSEQUENCES are added to the mix.

When we talk about the ENLIGHTENMENT of the 18th Century or WOKENESS of the 21st --- We're often talking about UNDERSTANDING issues beyond the INDIVIDUAL to the SYSTEMIC.

Definition of Scapegoat, Scapegoating, and Scapegoat Theory

March 15, 2022

Scapegoating is an analysis of violence and aggression in which people who have undergone or who are undergoing negative experiences — such as failure or abuse by others — blame an innocent individual or group for the experience.

Although the term scapegoat is biblical, Emile Durkheim was the first to talk about it in a sociological context. Durkheim believed that the practice of scapegoating is fundamental to the structures of societies, and that every event that generates negative emotions must have a scapegoat.

What the FOUNDING FATHERS understood was that the issue went beyond KING GEORGE --- to the INSTITUTION OF MONARCHY ---

King George was hardly the worst monarch in HISTORY ---
The CHALLENGE wasn't just getting a BETTER MONARCH --- it was getting a BETTER FORM OF GOVERNMENT.

Prosecution of the officers in the Christian Glass case seems in some ways reminiscent of the abuse cases coming out of the Denver Jail, Boulder Jail, Colorado Prisons, etc.

The situations were clearly not handled appropriately --- BUT a GROSSLY INADEQUATE COLORADO MENTAL HEALTH SYSTEM is putting INDIVIDUALS AT RISK and OFFICERS OVER THEIR HEADS.

At the end of the day --- this shouldn't be about LAW ENFORCEMENT and People with Cognitive Disabilities and their Families pitted against each other --- It should be both working to improve these systems.

Rocky Mountain PBS
Insight with John Ferrugia (2020)

"A breakdown in mental health services across the state of Colorado has left law enforcement on the front lines of handling people in crisis."

It's Important to be an idiot and ask some tough questions of mental health

10/24/2022

Val's Note: Simon Sinek's video to the right is a dangerous video for me to post because I think often people don't know what I'm trying to say -- or if they do --- they're not open to it.

I am open to QUESTIONS. I'm open to HARD QUESTIONS.

Having said that, part of what I'm trying to say is that the need for CERTAINTY has to be BALANCED against the NEED FOR REASONABLENESS --- and that is a MOVING TARGET BASED ON CURRENT KNOWLEDGE.

That KNOWLEDGE is experiencing a MAJOR FLOOD of INFORMATION --- I'm not aware of anyone who is "COMPLETELY ON TOP OF IT."

What are the RAMIFICATIONS of this for VICTIMS, DEFENDANTS and PROFESSIONAL PLAYERS in the CRIMINAL JUSTICE SYSTEM.

To me, you prioritize SAFETY and then you work on improving that PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE ---
Olmstead Planning could be a big help with that.

Dr. Thomas Insel led the National Institute of Mental Health from 2002-2015.

"The weakness is its lack of validity. Unlike our definitions of ischemic heart disease, lymphoma, or AIDS, the DSM diagnoses are based on a consensus about clusters of clinical symptoms, not any objective laboratory measure.

"In the rest of medicine, this would be equivalent to creating diagnostic systems based on the nature of chest pain or the quality of fever.

"Indeed, symptom-based diagnosis, once common in other areas of medicine, has been largely replaced in the past half century as we have understood that symptoms alone rarely indicate the best choice of treatment.

"Patients with mental disorders deserve better.

NIMH has launched the Research Domain Criteria (RDoC) project to transform diagnosis by incorporating genetics, imaging, cognitive science, and other levels of information to lay the foundation for a new classification system."

https://www.nimh.nih.gov/about/directors/thomas-insel/blog/2013/transforming-diagnosis.shtml

THE REAL WORLD

Unfortunately, Criminal Justice and the rest of Society cannot wait for the National Institute of Mental Health to complete RDoC (NIMH'S seemingly responsible and reasonable response to a scientifically invalid DSM.)

BUT those QUESTIONS about a scientifically invalid DSM ---- HAVEN'T GONE AWAY.

Simon Sinek
It's Important to be an Idiot

Great Flood --- Noah & the Ark

Today we are facing a FLOOD OF INFORMATION.

Dr. Elias Zerhouni, Director of the National Institutes of Health (2002-2008 Bush Administration); Served as a Presidential Science Envoy under the Obama Administration.

Neuroinformatics

Celebrating a Decade of Neuroscience Databases: Looking to the Future of High-Throughput Data Analysis, Data Integration, and Discovery Neuroscience (2004)

“The explosion of data about the brain is overwhelming conventional ways of making sense of it," said Elias A. Zerhouni, M.D., Director of the National Institutes of Health.

"Like the Human Genome Project, the Human Brain Project is building shared databases in standardized digital form, integrating information from the level of the gene to the level of behavior. These resources will ultimately help us better understand the connection between brain function and human health.”

pubmed.ncbi.nlm.nih.gov/26354128/
Information overload in healthcare: too much of a good thing?

The rapidly growing production of healthcare information - both scientific and popular - increasingly leads to a situation of information overload affecting all actors of the healthcare system and threatening to impede the adoption of evidence-based practice.

Interim Procedures

Lawyers and the rest of the Society need to start asking some HARD QUESTIONS about how a scientifically invalid DSM is playing out in the Criminal Justice System.

Mens Rea & A Messy Reality

10/23/2022

In many ways the Criminal Law seems designed to address the ADHD/NEURO-DIVERSE INDIVIDUAL whose emotion or intent is NORMAL IN EVERY WAY EXCEPT INTENSITY.

Further, we need more AWARENESS of these EMOTIONAL REGULATION ISSUES that often seem to come with SYSTEMIC DEVELOPMENTAL INFLAMMATION.

We also need more awareness of EXECUTIVE FUNCTIONING ISSUES.

We are a SOCIETY marked by LARGE SCALE low grade, medium grade and high grade inflammation --- these issues are really throughout the population --- even as the EXTREMES may be easier to see in CRIMINAL JUSTICE.

If we start to get a handle on these issues involving:

DEVELOPMENTAL SYSTEMIC INFLAMMATION
Emotional Regulation Issues (that may be the result of Hyper-Connected Brains), and
Executive Functioning Issues

We might also see a lot fewer "COVER UPS" by authority figures and lifestyles that are more tailored to the REAL STRENGTHS and CHALLENGES of DIVERSE INDIVIDUALS.

I think it is hard to recognize that many of these "EXECUTIVE FUNCTIONING CHALLENGES" are not just in one segment of the Society.

Assessment of ADHD for the Criminal Justice System (2010)

Imperial College London, King's College London

"There is an important relationship between attention deficit hyperactivity disorder (ADHD) and antisocial behaviour, and experts are increasingly being asked to advise the courts about the psychological vulnerabilities
and management of defendants with ADHD."

Concept of Mens Rea: Meaning and its judicial interpretation

thefactfactor.com/facts/law/legal_concepts/criminology/mens-rea/16644/

Currans 290, F. 2 d 751 (3rd Cir. 1961) case, Biggs, Chief Justice observed:

“The Concept of Mens Rea, guilty mind, is based on the assumption that a person has the capacity to control his behaviour and to choose between alternative courses of conduct."

The explanation of "mens rea" above contains a pretty nice, neat ASSUMPTION --- it doesn't mesh well with a MESSY REALITY.

Further, it is really a PREDICATE for PUNISHMENT --- NOT SAFETY.