october 10, 2004icspp new york city1 psychrights’ legal campaign against forced drugging and how...
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October 10, 2004 ICSPP New York City 1
PsychRights’ Legal Campaign Against Forced Drugging and How You
Can Participate
James B. Gottstein, Esq.Law Project for Psychiatric
Rights
[email protected]://psychrights.org/
Jim GottsteinJim Gottstein
Attorney/Psychiatric EscapeeAttorney/Psychiatric Escapee
Working on Mental Health Issues for Working on Mental Health Issues for Over 20 Years in AlaskaOver 20 Years in Alaska
Bald Mountain
Floats
Founded PsychRights in 2002 after Founded PsychRights in 2002 after Reading Reading Mad in AmericaMad in America
Cabin
Working on a Soteria-Alaska Pilot ProjectWorking on a Soteria-Alaska Pilot Project
Red Shirt
Virtually Full Time Virtually Full Time Pro BonoPro Bono fighting Forced Drugging fighting Forced Drugging
October 10, 2004 ICSPP 7
The Legal Setting: Involuntary CommitmentInvoluntary Commitment Forced MedicationForced Medication The RealityThe Reality
October 10, 2004 ICSPP 8
Involuntary Commitment Standards
1. Mentally Ill,
and
2. A Danger to Self or Others,
or, (in some states)
3. Gravely Disabled (not sanctioned by US Supreme Court)
October 10, 2004 ICSPP 9
Forced Medication StandardsForced Medication Standards State Laws may define Federal Rights State Laws may define Federal Rights
((Mills v. Rogers)Mills v. Rogers)– Incompetent to Decline (Refuse)Incompetent to Decline (Refuse)– ““Professional Judgment” (Professional Judgment” (Youngberg v. Youngberg v.
Romeo/Rennie v. Klein)Romeo/Rennie v. Klein)– ““Best Interests”Best Interests”
• Where Junk Science Comes InWhere Junk Science Comes In
– ““Substituted Judgment”Substituted Judgment”– ““Least Restrictive Alternative”Least Restrictive Alternative”
October 10, 2004 ICSPP 10
The RealityCourts accept . . . testimonial dishonesty, . . . specifically where Courts accept . . . testimonial dishonesty, . . . specifically where witnesses, especially expert witnesses, show a "high propensity to witnesses, especially expert witnesses, show a "high propensity to purposely distort their testimony in order to achieve desired ends." . . . purposely distort their testimony in order to achieve desired ends." . . .
Experts frequently . . . and openly subvert statutory and case law Experts frequently . . . and openly subvert statutory and case law criteria that impose rigorous behavioral standards as predicates for criteria that impose rigorous behavioral standards as predicates for commitment . . . commitment . . .
This combination . . . helps define a system in which (1) dishonest This combination . . . helps define a system in which (1) dishonest testimony is often regularly (and unthinkingly) accepted; (2) statutory testimony is often regularly (and unthinkingly) accepted; (2) statutory and case law standards are frequently subverted; and (3) and case law standards are frequently subverted; and (3) insurmountable barriers are raised to insure that the allegedly insurmountable barriers are raised to insure that the allegedly "therapeutically correct" social end is met . . .. In short, the mental "therapeutically correct" social end is met . . .. In short, the mental disability law system often deprives individuals of liberty disability law system often deprives individuals of liberty disingenuously and upon bases that have no relationship to case law or disingenuously and upon bases that have no relationship to case law or to statutes.to statutes.
The ADA and Persons with Mental Disabilities: Can Sanist Attitudes Be Undone? by The ADA and Persons with Mental Disabilities: Can Sanist Attitudes Be Undone? by Michael L. Perlin, Michael L. Perlin, Journal of Law and HealthJournal of Law and Health, 1993/1994, 8 JLHEALTH 15, 33-34., 1993/1994, 8 JLHEALTH 15, 33-34.
October 10, 2004 ICSPP 11
““The Reason:”The Reason:”
““Traditionally, lawyers assigned to Traditionally, lawyers assigned to represent state hospital patients have represent state hospital patients have failed miserably in their mission”failed miserably in their mission”Houston Law Review January, 1991 Health Law Issue COMPETENCY, DEINSTITUTIONALIZATION, AND HOMELESSNESS: A STORY OF MARGINALIZATION Michael L. Perlin
October 10, 2004 ICSPP 12
The Reason Behind the Reason: The Reason Behind the Reason: Society Demands ItSociety Demands It
Even if we agree with what you (Bob Even if we agree with what you (Bob Whitaker) are saying, we won’t be allowed Whitaker) are saying, we won’t be allowed to do what you suggest.to do what you suggest.Reaction of Alaska Psychiatric Institute psychiatrists to Bob Whitaker’s presentation.
October 10, 2004 ICSPP 13
Public EducationPublic EducationAlternativesAlternativesSerious, Coordinated Legal Serious, Coordinated Legal Attack on ScienceAttack on Science
What to DoWhat to Do
October 10, 2004 ICSPP 14
Public EducationPublic Education Historic OpportunityHistoric Opportunity
– SSRI DebacleSSRI Debacle The Fraudulent Science is Now KnownThe Fraudulent Science is Now Known The Damage Has Been DocumentedThe Damage Has Been Documented Natural AlliesNatural Allies
– AHRPAHRP– MindFreedomMindFreedom– PsychRightsPsychRights– ICSPPICSPP– NARPANARPA– ISPS, Aspire, Drug AwarenessISPS, Aspire, Drug Awareness– Others?Others?
October 10, 2004 ICSPP 15
Alternatives Are EssentialAlternatives Are Essential
Constitutional Right to Least Restrictive Constitutional Right to Least Restrictive Alternative Meaningless without them.Alternative Meaningless without them.
October 10, 2004 ICSPP 16
PsychRights EffortsPsychRights Efforts
System Change legal challengesSystem Change legal challenges Selective RepresentationSelective Representation Assistance for casesAssistance for cases
– ConsultingConsulting
– BriefingBriefing
– Expert Witness FeesExpert Witness Fees
– ReferralsReferrals• ExpertsExperts
• AttorneysAttorneys
Technical AssistanceTechnical Assistance– Website MaterialsWebsite Materials
October 10, 2004 ICSPP 17
Expert WitnessesExpert Witnesses
Absolutely CriticalAbsolutely Critical Need to PayNeed to Pay IdentifyIdentify
October 10, 2004 ICSPP 18
Some Specific PsychRights Some Specific PsychRights EffortsEfforts Myers Forced Myers Forced
Drugging Case in Drugging Case in AlaskaAlaska
Child case in North Child case in North CarolinaCarolina
““Rogers Orders” in Rogers Orders” in MassachusettsMassachusetts
Psychotropic Induced Psychotropic Induced Homicide in UtahHomicide in Utah
Many unfulfilled Many unfulfilled requestsrequests– Montana, Nebraska, Montana, Nebraska,
Ill., Texas, Minn, Ill., Texas, Minn, Mass. . . .Mass. . . .
PPRA Form LetterPPRA Form Letter ICMHP LetterICMHP Letter Forced Drugging in Forced Drugging in
Prison CasePrison Case Threatened Informed Threatened Informed
Consent CaseConsent Case
October 10, 2004 ICSPP 19
Ways to ParticipateWays to Participate
Expert WitnessesExpert Witnesses Alternative Treatment OptionsAlternative Treatment Options Action Conference in DC end of April/beginning Action Conference in DC end of April/beginning
of Mayof May VolunteersVolunteers
– Grant WritingGrant Writing– Webmastering??Webmastering??– Research,Organizing, OfficeResearch,Organizing, Office– OtherOther
$$$$ (of course)$$$$ (of course)
October 10, 2004 ICSPP New York City 20
Carpe Diem
October 10, 2004 ICSPP 21
Mt. McKinley (Denali)
Thank You For ComingThank You For Coming