TAW122
Emissary of the right to die.
- Aug 30, 2018
- 6,831
It has been a while since I made a thread about CTB, the right to die, and similar topics. I have been away for a bit of time as well as trying to wait for things to cool down IRL so I haven't had a chance until now.
With that said, I had this realization that psych holds or similar legal processes is rather "legalized criminality." That is quite a bold claim and yes indeed it is, so allow me to explain and elaborate. It violates civil rights and then other similar laws including but not limited to: privacy of the person, their bodily autonomy, right to freedom from incarceration, and more. I'm from the US, so what I am saying is centered around what happens in the US rather than everywhere around the world (because I can't speak for others countries other than the USA).
First, they take away the suicidal person's 1st amendment by taking action against them for expressing suicidal intentions. Then, they also violate their 2nd amendment (applies to US citizens mostly) by taking away their firearms (either through red flag laws and/or post-commitment). Thirdly, because of some legal clause about exigent circumstances (exigency/emergency) they don't even need a warrant to go into the person's dwelling/residence and then search for implements that are/could be used to CTB (methods and tools), thus pretty much overriding the person's 4th amendment. Then of course, the 5th amendment, which is mainly due process, innocent until proven guilty (or in this case, rational and sound mind until proven mentally defective). Of course, during an actual hearing (which is to determine whether an hold should be extended beyond it's normal scope, in most places 72 hours) there is due process but not before the psych hold. Thus, those are just amendments that are violated by the government, never-minding the other laws broken through this 'legal process'.
As for the laws broken, it would be breaking and entering, trespassing, intimidation, stalking, harassment, kidnapping, and assault & battery at the very least because law enforcement and other mental health professionals (if accompanied) with them would be going to the person's residence without their permission (no crime was committed), then also giving them a choice to go voluntarily or be taken by force (either way the person is going to be removed from his/her home, residence, or dwelling - while under duress), and then assuming the victim refuses, then law enforcement will use force to subdue, restrain said person, and then bring them to the hospital or psych ward for evaluation. When there, the victim oftenly has no credibility (because when someone is declared mentally ill, or insane, irrational their credibility is basically non-existent. Hell, even suspected criminals have more credibility and at least some rights and dignities and are treated slightly better than the suicidal), so they are essentially guilty or considered irrational until proven otherwise. Oh and of course, there is little to no recourse and after such a stay as well as refusal of such treatment or services results in a hefty medical bill for the suicidal person. It's not surprise to me that there are times where that would be the last straw that pushes the person over the edge when he/she otherwise would not have.
With regards to citizens and other mandated reporters (not necessarily law enforcement), basically suicidal people are treated like second perhaps even third class citizens with limited protections and even having their space, privacy, and peace of mind violated. Basically I could see people harassing and stalking the suicidal just because of the notion of being a 'good Samaritan' and the victim (the suicidal) person would have little to no recourse. Yet in most other circumstances, that would have been counted as illegal (if done on non-suicidal people). It's as if someone is suicidal, then that person is no longer on equal rights, equal footing, or even considered a 'human' and treated like an animal, trash, or worse.
Just fyi, IANAL (I am not a lawyer) so this isn't legal advice and not to be construed as such. This is merely just my observations and two cents on why I believe the process of involuntary commitment is essentially "legalized criminality."
This is why I see psych holds and involuntary commitment (especially for people who aren't a threat to others, only themselves) as barbaric and inhumane practices. I am hoping one day that this practice, process would be reformed, if not outright abolished. What are your thoughts on this?
With that said, I had this realization that psych holds or similar legal processes is rather "legalized criminality." That is quite a bold claim and yes indeed it is, so allow me to explain and elaborate. It violates civil rights and then other similar laws including but not limited to: privacy of the person, their bodily autonomy, right to freedom from incarceration, and more. I'm from the US, so what I am saying is centered around what happens in the US rather than everywhere around the world (because I can't speak for others countries other than the USA).
First, they take away the suicidal person's 1st amendment by taking action against them for expressing suicidal intentions. Then, they also violate their 2nd amendment (applies to US citizens mostly) by taking away their firearms (either through red flag laws and/or post-commitment). Thirdly, because of some legal clause about exigent circumstances (exigency/emergency) they don't even need a warrant to go into the person's dwelling/residence and then search for implements that are/could be used to CTB (methods and tools), thus pretty much overriding the person's 4th amendment. Then of course, the 5th amendment, which is mainly due process, innocent until proven guilty (or in this case, rational and sound mind until proven mentally defective). Of course, during an actual hearing (which is to determine whether an hold should be extended beyond it's normal scope, in most places 72 hours) there is due process but not before the psych hold. Thus, those are just amendments that are violated by the government, never-minding the other laws broken through this 'legal process'.
As for the laws broken, it would be breaking and entering, trespassing, intimidation, stalking, harassment, kidnapping, and assault & battery at the very least because law enforcement and other mental health professionals (if accompanied) with them would be going to the person's residence without their permission (no crime was committed), then also giving them a choice to go voluntarily or be taken by force (either way the person is going to be removed from his/her home, residence, or dwelling - while under duress), and then assuming the victim refuses, then law enforcement will use force to subdue, restrain said person, and then bring them to the hospital or psych ward for evaluation. When there, the victim oftenly has no credibility (because when someone is declared mentally ill, or insane, irrational their credibility is basically non-existent. Hell, even suspected criminals have more credibility and at least some rights and dignities and are treated slightly better than the suicidal), so they are essentially guilty or considered irrational until proven otherwise. Oh and of course, there is little to no recourse and after such a stay as well as refusal of such treatment or services results in a hefty medical bill for the suicidal person. It's not surprise to me that there are times where that would be the last straw that pushes the person over the edge when he/she otherwise would not have.
With regards to citizens and other mandated reporters (not necessarily law enforcement), basically suicidal people are treated like second perhaps even third class citizens with limited protections and even having their space, privacy, and peace of mind violated. Basically I could see people harassing and stalking the suicidal just because of the notion of being a 'good Samaritan' and the victim (the suicidal) person would have little to no recourse. Yet in most other circumstances, that would have been counted as illegal (if done on non-suicidal people). It's as if someone is suicidal, then that person is no longer on equal rights, equal footing, or even considered a 'human' and treated like an animal, trash, or worse.
Just fyi, IANAL (I am not a lawyer) so this isn't legal advice and not to be construed as such. This is merely just my observations and two cents on why I believe the process of involuntary commitment is essentially "legalized criminality."
This is why I see psych holds and involuntary commitment (especially for people who aren't a threat to others, only themselves) as barbaric and inhumane practices. I am hoping one day that this practice, process would be reformed, if not outright abolished. What are your thoughts on this?