Thursday, April 21, 2011

The Gods Must Be Crazy

First, allow me to apologize for the debacle below. I don't know what happened to the format of the blog below, and I apologize for the ridiculousness.

I've been thinking a lot lately about random topics to rant about- celebrities, people that piss me off, things that I've been enjoying (as in my new and awesome iPad), beers I've been drinking, etc., et. al.

But then I was walking back the block from court to my office and I couldn't help but notice about 7 homeless folks with clear-cut Axis I disorders that should not be on the streets to fend for themselves.

And of these 6 or 7 folks, I personally have represented 4 of them in criminal matters. Matters which they were arrested for being homeless. And no, I'm not being a bleeding heart or activist for saying this; they were literally just out, and were homeless.

Ever since my second year of law school I have been fascinated with the cross section of jurisprudence and psychological issues. Not guilty by reason of insanity, competency to stand trial, factors in mitigation in sentencing- they were all theoretical and philosophical issues that were fun to play around with.

But now, slightly jaded by a year of this work, I am of the opinion that criminal courts, at least in counties with no resources for the mentally ill, do absolutely nothing to help those in need. To a large extent, it's not their fault; there are simply no resources for the court to utilize in order to assist a criminal defendant with mental health issues.

But here's where things get convoluted. Courts will routinely order someone to go, on their own, and make and keep an appointment with county Mental Health to address their behavior. Which, when you really think, is unbelievably short-sighted. Assuming the defendant does have significant mental health issues, it's not paternalistic to assume that they simply do not have the resources to maintain appointments. And they don't. And then, when they don't show up to court, they are faced with further consequences that only serve as a drain on the court system. Probation violations are filed, bench warrants issued, which is frankly a bazooka firing at an ant hill. What's more ridiculous, is county mental health, like some other behavioral programs here in this county, are self reporting. So, if a crazy person goes there, and as is routinely the case, feels that they are perfectly sane, they are taken at their word. Viewing it cynically (which is nearly impossible to do otherwise), it's a cost-saving tactic to prevent providing services for those who may actually benefit.

I wish I had an answer that incorporated getting help to those who needed it, and ensured that they were able to easily access those services. Other, more affluent, counties do have mental health courts, which if appropriately staffed with personnel and the right mindset, can have a profound impact. But I suppose it all depends on the almighty dollar. Hopefully, money will begin to trickle again, even in the more rural counties, and people can get the help they deserve.

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