Forced Drugging Is Illegal

[From article]
"In one of the Bill Bigley cases, I took the deposition (PDf pages 34-37) of the hospital psychiatrist about her use of “emergency” medication, which makes clear that (a) she didn’t know what the legal requirements were and (b) Mr. Bigley was being drugged for non-existent emergencies.

Psychiatrists seldom know the laws which allow them to take a person’s freedom or to force them to take drugs. The bigger issue is that police, judges, journalists and lawyers allow these abuses due to their own ignorance and biases. How often do lawyers who represent persons accused of mental illness challenge judges for their bias, or court rules or decisions for their violations of the Americans With Disabilities Act of 1990, and/or the Rehabilitation Act of 1973, and/or state discrimination laws? I’ve had hundreds of discussions with journalists, police, and prosecutors about this issue and they all show the same bias and ignorance.


The psychiatric industry was allowed to misuse its powers making mental illness into crime. Police, prosecutors, judges, journalists and lawyers allow this abuse of power contrary to law. Misguided priorities established by campaign contributions by drug companies and human services industry corporations encouraged politicians to write laws for profit not to protect the rights of individuals.

What other alleged illness is promoted by taxpayer funded state and US agencies? The 50 state Departments of Mental Health and the NIMH are no less than taxpayer funded PR firms for the drug industry. One more example of government working for the benefit of the drug industry, the human services industry and the psychiatric industry.

[From article]
"In other words, the New York high court held that an [outpatient commitment] order mandating a person take psychiatric drugs does not really compel the person to take psychiatric drugs. This is a classic example of a court decision being divorced from reality."


Psychiatry itself is divorced from reality. Only psychiatrists can see mental illness. There is no pathology. Mental illnesses are speech and behavior that psychiatrists do not like or do not understand. It is mostly protected speech and behavior which psychiatrists define as an illness. Experiencing emotions is also mental illness. Questioning authority enshrined in the Bill of Rights as The First Amendment is a mental disorder according to these control freaks. But for some misguided reason “the elected criminal class” (Noam Chomsky’s phrase) gave to charlatans the power and wisdom to define reality. Such court decisions (In Re. Kendra’s Law) are written according to the Humpty Dumpty Rule, “Words mean whatever I want them to mean.”

[From article]
"[from Kendra's New York Law decision] the patient has a history of lack of compliance with treatment that has either necessitated hospitalization or resulted in acts of serious violent behavior or threats of, or attempts at, serious physical harm;

Here the court makes the irrational conclusion that there is a causal connection between lack of treatment and violence. Linking crime and an accusation of mental illness allows for further eroding constitutional rights. More importantly it demonizes all persons so accused. Due process protections are omitted from laws regarding psychiatry. This is one element of the absurdity of judicial thinking on this matter. The woman Kendra Webdale’s death, (for whom the law is named) was used to emotionally sway the public and the legislature to write the law and to uphold it. The notorious NY AG, Elliot Spitzer, supported the law which was proposed by NAMI.

[From article]
"the lawyers assigned to represent people don’t do their job.
[. . .]
the reason why so many forced drugging orders are issued is because the lawyers assigned to represent people, don’t do so.
[. . .]
the lawyers appointed to represent people facing forced drugging rarely fulfill their obligation to assert the right to a less intrusive alternative.
[. . .]
In addition to the lawyers assigned to represent people not doing their job properly, one of the biggest obstacles is appellate judges, just like trial court judges, believe the common wisdom that the drugs are helpful and nothing else works."

Lawyer misconduct cannot be over emphasized. The bias of lawyers and their competence must be questioned and addressed. When a person accused of mental illness questions his lawyer, who does not protect his or her rights, the court, i.e., the judge, just makes that into being uncooperative, and a symptom of mental illness and incompetence. That is where judicial bias must be challenged too. But if the lawyer does not do his job due to bias, he is unlikely to challenge a judge’s unlawful bias.

[from article]
" As an aside, I am not in favor of people using mental illness as a way to avoid criminal responsibility for their actions."

New Hampshire legislature passed laws making mental illness a mitigating factor in criminal liability. I do not know how many states allow this. But it is an abomination and a corruption of the criminal justice system. It is no different than Flip Wilson’s character Geraldine saying “The devil made me do it.” when asked why he (she) purchased a dress.

No mention of why lawyers for persons accused of mental illness seldom use the discrimination laws. Court Rules and Rules of Evidence violate state and US discrimination laws and state and US Constitutions’ equal protection laws. Why do only women enjoy the right to say what happens to their bodies?

What is the best way to educate the public? Journalists join lawyers, judges, police and the psychiatric industry promoting the abuses you describe. Many journalists take psychiatric drugs and believe psychiatric fantasies. Why for example are there no programs on taxpayer funded PBS stations across the US to address these issues? PBS regularly broadcasts shows about bias against other groups. My efforts at the Boston PBS station led to me being shunned by journalists after I protested the fact that the stations discriminate based on disability. The Boston Globe excluded persons with disabilities from a special advertising section on diversity and vulnerable people. Why do Affirmative Action and diversity experts exclude persons accused of mental illness, when they advocate for multimillionaires who are members of the major three victim groups — Black persons, Women and Homosexuals? Is it the same in every major media market? What will it take to have these issues discussed regularly on the air and in print? What organization that alleges they protect persons with disabilities uses a PR firm as the government and corporations, especially the drug industry, use? NAMI is where most journalists go for information on these issues. NAMI promotes drug treatment and the interests of the psychiatric industry and drug industry. They do not promote the interests or protect the rights of persons accused of mental illness. They say that they protect their right to treatment, but there is no such right.

http://www.madinamerica.com/2012/03/the-illegality-of-forced-drugging-and-electroshock/

The Illegality of Forced Drugging and Electroshock
MadInAmerica.com
Posted on March 21, 2012
by Jim Gottstein