Now, for the vast majority of criminal defendants, there is never a question as to competency so no formal evaluation occurs. The finding of competency is nothing more than a judge stating, after asking the defendant a series of questions, that the Defendant understands what he is charged with, understands his rights and is waiving those rights to enter a plea. However, some people need to go through a formal evaluation process by a forensic psychologist to determine if they sufficiently understand the criminal justice system.
Even if I was having no trouble communicating with him, I would still have him evaluated. In fact, failing to do so would be ineffective assistance of counsel.
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Yes, the plea bargain system results in innocent people ending up convicted for crimes they did not commit. However, there are not a great many innocent people tied up in the criminal justice system. The plea bargain system helps those who are in fact guilty by getting them lesser sentences than they would get after a pointless trial they never had any chance of winning.
Often much, much sooner than they would get said trial. And, many people, even innocent people, like the plea bargain process for the certainty and sense of control it brings. Going to trial is incredibly nerve-wrecking. Your entire future is in the hands of other people and completely out of your own control.
Those people in whose hands your future lies are generally very far removed from your station in life and have no ability to understand your world. Inability to make bond and lengthy delays for trial are the two main ones.
Mother and Son. Movies. Release CalendarDVD & Blu-ray ReleasesTop Rated MoviesMost Popular MoviesBrowse Movies by GenreTop Box Office. Showtimes & Tickets. Showtimes & TicketsIn Theaters. Coming Soon. Coming SoonMovie NewsIndia Movie Spotlight. TV Shows. What's on TV & Streaming With Adore, two middle-aged mothers, Roz and Lil (Robin Wright and Naomi Watts), who are old friends and neighbors in a seaside paradise located Estimated Reading Time: 2 mins A Mother's Story of her Mentally Disabled Son on The Sex Offender Registry. August 27, The dthiizzhfh. woman who looked to be about 60 walked up to the podium and spoke in a quiet voice. She was at a St. Louis synagogue that was hosting an evening of presentations about the sex offender registry. I spoke, too
Even those who would be willing to take a case to trial, are unlikely to do it if they are stuck in jail for a year or two waiting for that trial. This is horrible!
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One of my step sons had traumatic brain injury and will be forever disabled needless to say this story hit home with me. Most of the innocent people are victims of the stupid drug war. Those roadside tests have a large false positive response. Then if the tests says yes they throw you in jail for a month or more and prison is only sightly better when comes to being miserable.
This is a great example of how crazy things are getting! On the last post, I gave an example about safety.
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Sex laws are following the same path. Previously, there was a tremendous need for protection against sex crazed people. Now the sex law movement has become overzealous and is now causing tremendous problems! I was only able to pull up the abstracts, but from a few studies it appears people with IDD may be an exception to the low recidivism rate.
It makes sense, since victims often become abusers, and I imagine IDD would make someone more susceptible. Our HR has passed child molester, domestic violence, etc.
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It always has been and always will be about the money and nothing else. This is a BIG money maker for the judicial system. James: For the love of humanity, STOP. Spend your life living, not spending day and night on this site.
JAMES POLLOCK Stupider than a speeding drunk! More obnoxious than a steam locomotive! Able to tell tall tales in a single paragraph!
StupidMan, who can change the course of great discussions into baby talk, bend intelligence to moronic babble, and who, disguised as Warren, mild-mannered jerk for a great metropolitan city, I Trollbuster fight a never-ending battle for truth, justice and the Free Range Way.
And, to me, a much bigger concern is how we protect the mentally challenged from predators, as they are very often victims. This is not just one case. Our children with disabilities caught up in the criminal justice system are all over this country.
Our group is growing every day. IF the lawyer failed to get a competency evaluation, he was a crappy lawyer. If he did and the man was found to be competent, pleading to the misdemeanor rather going to trial on 19 felonies would have been my advice for several reasons.
I am not sure why so many here believe that going to trial when you are admittedly guilty as charged in a sex offense in hopes of getting jury nullification is a good idea. It is a horrible idea! It is sometimes the best choice you have, but not when you are being offered a misdemeanor and probation instead of 19 felonies and prison.
All that is required is that this man understood that he was pulling down his pants and showing his genitals to someone else and that he intended to do that.
That does not appear to be present, but maybe under the whole scenario could be argued. Putting a mentally challenged person on the stand is asking for a guilty verdict.
He is never going to be able to coherently explain himself and cross examination could be devastating. Society has little to no empathy for them. The mentally challenged fair slightly better than the mentally ill, but the likelihood of prejudice is still high.
Something has to change in order to give our love ones a new start in life. Just because they did not understand what they were doing to have them end up in the criminal system and even prison time they should not be placed on the Sex Offender Registry which causes them fear, anxiety, depression of going out into the community in which they live.
Was there really a scarred victim here? Are there not ways to deal with this outside of severe criminal prosecution? When did we become so puritanical, the human body became a felony? Even if this young man had not been mentally challenged, molested and influenced by his molester, what he did was mischievous not violent. It was in poor taste not rape.
His crime has little difference with streaking, mooning, urinating in public, and sending or receiving a nude photo. These are also felonies. NAMI National Alliance for Mental Illness says that prisons are now mental institutions, which are not suited for anyone with a mental illness.
Abolish the registry!!! it has actually caused more damage to families, giving a false sense of security and fear at the same time.
Future crime has not been prevented because of the registry, in fact, the opposite has been the case. Those on the registry have the lowest recidivism rate of any crime, yet they and their families are the ones branded for life.
It is time for change. org today. He was accused of a sexual offense in He was arrested spent 2 months in Jail before a Competency Eval was conducted. His Accusers quickly fled the State before Charges were Filed.
Our Son was found Not Competent to Stand Trial and was held in Jail until the North Texas State Hosp had a bed open for him to undergo Competency Restoration Treatment for 5 months.
He completed the Program and Graduated from their School eating his HS Diploma. He was Discharged and Transferred to a State Supported Living Center for 10 months and with the help of Disability Rights Texas he was finally Discharged and allowed to return home and live with us.
Our Son has had 4 more Competency Evals and his Status has remained unchanged. The Judge Ordered him to remain under Structure Supervision for 2 yrs and only allowed him to be out of our home for Dr Appts or to attend an Adult Day Have Center.
He also Ordered the Charges remain Pending for 20 yrs in the event he becomes Competent. Our Son has been permanently traumatized by this ordeal and it has taken a major financial burden on us since we are close to Retirement. I agree the Laws need to be changed for persons with Disabilities who become Victims of our Broken Justice System. We live your story, ours started Jan 5th, Will not be finished until The stigma will always be there, the label.
I stand with you and for all of us that are now cast aways.
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