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    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
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    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
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    • Assertive Community Treatment & Flexible ACT Index
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    • For More: See the Main Orchid Index Page
  • US Federal
    • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
    • Medicaid & Supportive Housing & Housing-Related Services
    • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
    • National Take
  • Research & Translational Medicine
    • Immunology & Mental Health >
      • Alcoholism & the Immune System & Mental Health
      • Brain Injury, the Immune System & Mental Health
      • Celiac Disease & Sensitivities, the Immune System & Mental Illness
      • Mental Illness & The Immune System
      • Racial Discrimination & the Immune System & Mental Health
      • Trauma & the Immune System & Mental Health
      • ***Physical Health Issues, the Immune System & Mental Health Index
    • University of Chicago: Institute of Translational Medicine
  • Hot Topics
    • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
    • Anti-Social Personality Disorder >
      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
    • Executive Functioning & "Prison Brain" >
      • Job Accommodation Network on Executive Functioning Deficits
    • Medicaid & Medicare Network Adequacy >
      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities
  • Mental Health By The Numbers
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
  • Olmstead & Homelessness
  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
  • CO Olmstead Disability Homeless Law & Policy Project
  • Inflammation, the Immune System, Neuro-Developmental Disorders, Psychiatric Disorders, Substance Use Issues & Chronic Disease
  • Microglia and the Brain's Immune System
  • Substance Issues & the Immune System

Transitional/ Translational Justice Monday





















Thoughts on the King Soopers' Verdict

9/29/2024

 
Val's Take/Conjecture
  • As long as people believe insanity or some Public Health Explanation for Bad/Horrific Behavior is a "COP OUT" --- they are not going to go for it.
  • According to media reports, one of the challenges for the Defense was --- there were NO EXPERTS to support the claim of "INSANITY" under Colorado Statute; although there were experts to testify with regard to Schizophrenia.
  • One of the reasons why I spend so much time on the Science --- there is a gulf between the Researchers and the Clinicians ---- and most attorneys are going to be looking to Clinicians as their experts.
  • Most people with Neuro-Developmental Disorders, Psychiatric Disorders and Brain Injury are not in the Criminal Justice System.
  • But the majority of those in the Criminal Justice System are contending with some form or combination of Neuro-Developmental Disorders, Psychiatric Disorders, or Brain Injury.
Why are biomarkers so important
Insanity
Picture
Ultimately, what everyone wants is PREVENTION.

The walk  away from the adversary system to a more collaborative approach

9/12/2024

 
Val's Take:   We're slowly moving away from the Adversary System to a more Collaborative Approach --- a more Problem-Solving Approach.

Given modern science on AGGRESSION --- one of the problems with the Adversary System --- it tends to make everyone  in it --- MORE AGGRESSIVE in relative terms.  

The Legal System was really designed in the beginning to be an ALTERNATIVE to the BLOOD FEUD.   And from that vantage point, the Adversary Legal System was a big step up.

Historically, there actually have been numerous reform efforts over hundreds of years.   It seems like we're getting  the medical  understanding  of  the  biological basis  of behavior.  It's more complicated than we thought and not always what we thought historically, most notably the immune system and the immune system in the brain seem very important.

The more we can de-personalize illness or dysregulation ---- the more we can get on the same page.  In many cases, people themselves will be advocating for the healthcare they need.
The Today Show
Sing Sing Files
PBS
Insanity
Aggression: Humanity's Ultimate Double-Edged Sword

Aggression

9/11/2024

 
Val's Take/Conjecture
  • Especially in conceptualizing "Acts of Aggression," we're often conceptualizing these acts as acts of "Specific Intent."
  • Further, because these acts are acts of "Specific Intent" we're assuming the person is exercising "CONTROL" over these behaviors.
  • I don't necessarily think that is "WRONG" but I do think it is partial, and there are many other biological links in the chain prior to seeing the "Specific Intent."
  • Further, these BIOLOGICAL LINKS are often "But for" links --- without these biological links --- you wouldn't see the specific intent or the act.
Picture
but-for test

The but-for test is a test commonly used in both tort law and criminal law to determine actual causation.

Scape·goat
/ˈskāpˌɡōt/noun
1. a person who is blamed for the wrongdoings, mistakes, or faults of others, especially for reasons of expediency.
When we start talking about "AGGRESSION" in human society ---- it is extremely complicated, not least of which because human beings are  AGGRESSIVE and we're "TOP PREDATOR."
I don't perceive "AGGRESSION" or "BULLYING" to be particularly rare among CHILDREN, ADOLESCENTS or ADULTS.
  • BUT there can be extreme differences in the level and intensity of that.
  • Further, most of us are trying to MASK our "AGGRESSION" --- some more successfully than others --- But usually at some point the MASK comes off.
  • As that MASKING has its limits, we try to TRANSFORM that AGGRESSION.
Further, if we weren't "AGGRESSIVE" to some extent --- we wouldn't be able to survive.

There are a lot of ways we try to deal with that "AGGRESSION" on a micro and macro level.
By and large --- we're often focused on "Who's to blame?"
  • That is not only what the LAW is focused on but it is also how we're pretty hard-wired to understand things.
  • We do need to understand "SPECIFIC" situations and "SPECIFIC" People>
  • Once you get enough EXAMPLES, I think we start seeing "PATTERNS"
  • BUT --- those patterns are generally IMPERFECT PATTERNS that need to be subject to REVISION and MODIFICATION for good cause.
I think the DSM 5 is an imperfect collection of "SYMPTOM CLUSTERS," and biological research and researchers are pushing the need to reform these CATEGORIES.
  • As CU Researchers have advised, let's get to something that is more grounded in individualized, precision medicine and "A LITTLE LESS BY THE BOOK [meaning the DSM 5]."
The UBIQUITOUS nature of:
  • Neuro-Developmental Disorders
  • Psychiatric Disorders,
  • Metabolic Problems and
  • Chronic Disease in the Society
    • is pushing new understandings.
Are "lifestyle choices" irrelevant --- no, BUT this is starting to look more complicated and in many cases DEVELOPMENTAL ISSUES and EPIGENETICS appear to be playing LARGE ROLES.
Further, maybe we knew that the IMMUNE SYSTEM was involved with Multiple Sclerosis and Cancer ---
  • How many of us knew the immune system was involved with Metabolism (this is a lot more than how much people weigh),
  • Further,  researchers are using METABOLOMIC BIOMARKERS to identify people with psychiatric disorders.
  • Maternal Immune Activation is greatly associated with neuro-developmental and psychiatric disorders.
Picture
University of Tsukuba, Japan
Associations of the immune system in aggression traits and the role of microglia as mediators (2024)
Future anger management strategies and clinical control of excessive aggression and violent behavior may be realized by developing a therapeutic strategy that adjusts glial activity in the cerebellum. 
Picture
Plasma and cerebrospinal fluid inflammatory markers and human aggression (2023)
A growing body of work suggests that individuals with aggressive behavior and/or aggressive tendencies have evidence of chronic, low level, inflammation as manifested by elevated circulating levels of acute phase reactant proteins and pro-inflammatory cytokines …
Aggression: Humanity's Ultimate Double-Edged Sword
One of the things that happened with the "ENLIGHTENMENT" and "WOKENESS" for that matter is people who really want to change things --- see them as SYSTEMIC.

The "Enlightenment" wasn't just a Political Enlightenment it was also a Scientific Enlightenment.

Stephen Hawking saw AGGRESSION as the primary problem facing Humanity --- and he absolutely understood that it had led to our SURVIVAL.
When we start thinking about things Systemically ---
  • We start identifying more Stakeholders
  • Often Complicated Challenges
  • The need to engage in INTEGRATIVE THINKING
  • And more often than not the need to come up with THIRD ALTERNATIVES.

Additionally, the more we start to look at this --- the more LATERAL THINKING may be possible.
What is Lateral Thinking?

"Lateral thinking (horizontal thinking) is a form of ideation where designers approach problems by using reasoning that is disruptive or not immediately obvious.

"They use indirect and creative methods to think outside the box and see problems from radically new angles, gaining insights to help find innovative solutions."
Picture

    Transitional Justice is a term used by the United Nations and others to describe measures to REDRESS MASSIVE VIOLATIONS of HUMAN RIGHTS.

    ​​Translational Justice as we're using it refers to a PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE and is meant to echo TRANSLATIONAL MEDICINE.

    ​
    Translational Justice also means listening to those people impacted by our justice policies

    That means going 360
    ° -- that's hard work
    ​



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  • Home
    • About Orchid >
      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
      • Disclaimers, Limitations and An Invitation
      • Orchid Board
      • Orchid Book Club
      • Conjecture, Science & Translational Research & Medicine
      • Orchid Themes & Symbols
      • The Tipping Point
      • Orchid's Website Advertising Policy
      • Statement for Potential Website Contributors
      • Contact
  • Blogs
    • Val's Blog
    • Val's Blog 2
    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
    • NEURO-DIVERSITY Wednesday
    • Olmstead Law & Order Thursday
    • Translational Medicine Friday
    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
    • Crisis Services in CO, the US & Around the World
    • Assertive Community Treatment & Flexible ACT Index
    • Housing & Homelessness Index
    • Criminal Justice
    • Innovation Index
    • For More: See the Main Orchid Index Page
  • US Federal
    • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
    • Medicaid & Supportive Housing & Housing-Related Services
    • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
    • National Take
  • Research & Translational Medicine
    • Immunology & Mental Health >
      • Alcoholism & the Immune System & Mental Health
      • Brain Injury, the Immune System & Mental Health
      • Celiac Disease & Sensitivities, the Immune System & Mental Illness
      • Mental Illness & The Immune System
      • Racial Discrimination & the Immune System & Mental Health
      • Trauma & the Immune System & Mental Health
      • ***Physical Health Issues, the Immune System & Mental Health Index
    • University of Chicago: Institute of Translational Medicine
  • Hot Topics
    • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
    • Anti-Social Personality Disorder >
      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
    • Executive Functioning & "Prison Brain" >
      • Job Accommodation Network on Executive Functioning Deficits
    • Medicaid & Medicare Network Adequacy >
      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities
  • Mental Health By The Numbers
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
  • Olmstead & Homelessness
  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
  • CO Olmstead Disability Homeless Law & Policy Project
  • Inflammation, the Immune System, Neuro-Developmental Disorders, Psychiatric Disorders, Substance Use Issues & Chronic Disease
  • Microglia and the Brain's Immune System
  • Substance Issues & the Immune System