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There is a chance that the defense could successfully argue that the court should drop the charges against him if he is unrestorable or that the judge could allow him out of custody on bond, but given the nature of his alleged crimes, both of these possibilities is extremely unlikely.
So, even if Holmes is found incompetent, the only way he will go free is if he is restored to competency, takes his case to trial, and is found Not Guilty on every one of the dozens of charges he faces.
I hope this helps. Thanks for reading-- Max Wachtel, Ph. So he can still escape. The state hospital must be more hospitable than the prison? It's difficult to imagine how a mentally ill patient would comply with the use of medications.
To my mind, it seems that such patient must agree, or be willing enough, to ingest medications in pill form, yet a severely ill person seemingly would never agree.
Are IV medications traditionally used? In my past experience [working with children with severe behavioral disorders], I've seen how difficult it is to guarantee mandated ingestion of needed medications in situations with the severely mentally impaired.
The unit where he would be housed at the hospital looks and feels exactly like a prison. Not hospitable at all. If a person is refusing medications, the state can ask a judge to order medications be administered against the person's will. Many of the medications he might take are available in the form of long-acting shots. Getting a court to order medications is extremely difficult, however. I worked for a number of years at a psychiatric hosptial with a forensic unit.
If any criminal arrived thinking they were getting an easier option than prison, they quickly changed their mind and begged to be sent back to prison. As one example of this, at the US Medical Center for Federal Prisoners in Springfield, MO, if a regular inmate is found guilty of a serious rules violation, he is placed in a cell on one of the psychiatric wards.
This punishment was feared far beyond all others. I don't understand why he hasn't had a competency evaluation, but he's had a sanity evaluation. I'm looking at something dated June 19, which mentions a sanity evaluation but makes no mention of a competency evaluation.
Did I miss something? CMHIP would mention them separately, if they were both performed. At least, they claim that they would mention them separately. I inquired as to a hypothetical defendant, and that was their "official" answer. A real informative blog like this is an exceptionally cool helping resource for a needy information seeker like me! Oh i am really shocking, this post is very nice. I really enjoy it.
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I had a case against someone that used my credit card information to buy several things. I took it to court She was released and did not show up for court so she was arrested again. The courts did a psychological evaluation and found her incompetent, so no trial, the courts gave her a 'get out of jail free card' and released her.
She just has to be reevaluated every six months. Since the courts found her incompetent in that case they dropped my case as well This person writes things about my family on FB She's incompetent so too bad for us! She is not too incompetent to have a job,to have an apartment, to apply for a government grant to go to college and receive it or to work towards an Art degree. She is ONLY incompetent to take responsibility for her actions.
That is total injustice! She can blame an innocent person of anything and have them arrested as she has already done but if she commits a crime against someone she will walk He was able to get the charges reduced but still will have a record because of this crazy woman. Now how is it that a person too incompetent to know the difference between right and wrong and has tried suicide 3 times,makes up accusations,attacked her physician, ex boyfriend and stolen money not been put away in an institution as to not harm anyone else?
Does it take her murdering someone before the courts do something? Then you hear official saying , 'Something needs to be done about the mentally ill! My son I mentally incapable of making dissitons he suffers of add hdd and has a hard time Specking clearly he stuffers badly so Specially when threatens or scared or do sent understand he was not merandant his rights there was conflict of interest he and his sister returned a weapon he took used as self defense the gun owner told me he new the person who took his weapon was a female etc he's currently serving a Kong sentence in max security in Santa fe mm there has to b justice out there can u help me Plzen.
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