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    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
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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





















It's Important to be an idiot and ask some tough questions of mental health

10/24/2022

 
Val's Note:  Simon Sinek's video to the right is a dangerous video for me to post because I think often people don't know what I'm trying to say -- or if they do --- they're not open to it.

I am open to QUESTIONS.  I'm open to HARD QUESTIONS.

Having said that, part of what I'm trying to say is that the need for CERTAINTY has to be BALANCED against the NEED FOR REASONABLENESS --- and that is a MOVING TARGET BASED ON CURRENT KNOWLEDGE.

That KNOWLEDGE is experiencing a MAJOR FLOOD of INFORMATION --- I'm not aware of anyone who is "COMPLETELY ON TOP OF IT."

What are the RAMIFICATIONS of this for VICTIMS, DEFENDANTS and PROFESSIONAL PLAYERS in the CRIMINAL JUSTICE SYSTEM.

To me, you prioritize SAFETY and then you work on improving that PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE ---

Olmstead Planning could be a big help with that.
Picture
Dr. Thomas Insel led the National Institute of Mental Health from 2002-2015.
   "The weakness is its lack of validity. Unlike our definitions of ischemic heart disease, lymphoma, or AIDS, the DSM diagnoses are based on a consensus about clusters of clinical symptoms, not any objective laboratory measure.

"In the rest of medicine, this would be equivalent to creating diagnostic systems based on the nature of chest pain or the quality of fever.

"Indeed, symptom-based diagnosis, once common in other areas of medicine, has been largely replaced in the past half century as we have understood that symptoms alone rarely indicate the best choice of treatment.

​"Patients with mental disorders deserve better.  

NIMH has launched the Research Domain Criteria (RDoC) project to transform diagnosis by incorporating genetics, imaging, cognitive science, and other levels of information to lay the foundation for a new classification system."

https://www.nimh.nih.gov/about/directors/thomas-insel/blog/2013/transforming-diagnosis.shtml
THE REAL WORLD

Unfortunately, Criminal Justice and the rest of Society cannot wait for the National Institute of Mental Health to complete RDoC (NIMH'S seemingly responsible and reasonable response to a scientifically invalid DSM.)

BUT those QUESTIONS about a scientifically invalid DSM ---- HAVEN'T GONE AWAY.

Simon Sinek
It's Important to be an Idiot

Picture
Great Flood --- Noah & the Ark

Today we are facing a FLOOD OF INFORMATION.

Picture
Dr. Elias Zerhouni, Director of the National Institutes of Health (2002-2008 Bush Administration); Served as a Presidential Science Envoy under the Obama Administration.
Neuroinformatics

Celebrating a Decade of Neuroscience Databases: Looking to the Future of High-Throughput Data Analysis, Data Integration, and Discovery Neuroscience (2004)

“The explosion of data about the brain is overwhelming conventional ways of making sense of it," said Elias A. Zerhouni, M.D., Director of the National Institutes of Health.

"Like the Human Genome Project, the Human Brain Project is building shared databases in standardized digital form, integrating information from the level of the gene to the level of behavior. These resources will ultimately help us better understand the connection between brain function and human health.”
pubmed.ncbi.nlm.nih.gov/26354128/
Information overload in healthcare: too much of a good thing?

The rapidly growing production of healthcare information - both scientific and popular - increasingly leads to a situation of information overload affecting all actors of the healthcare system and threatening to impede the adoption of evidence-based practice.

Picture
Interim Procedures

Lawyers and the rest of the Society need to start asking some HARD QUESTIONS about how a scientifically invalid DSM is playing out in the Criminal Justice System.

Mens Rea & A Messy Reality

10/23/2022

 
In many ways the Criminal Law seems designed to address the ADHD/NEURO-DIVERSE INDIVIDUAL whose emotion or intent is NORMAL IN EVERY WAY EXCEPT INTENSITY.

Further, we need more AWARENESS of these EMOTIONAL REGULATION ISSUES that often seem to come with SYSTEMIC DEVELOPMENTAL INFLAMMATION.

We also need more awareness of EXECUTIVE FUNCTIONING ISSUES.

We are a SOCIETY marked by LARGE SCALE low grade, medium grade and high grade inflammation --- these issues are really throughout the population --- even as the EXTREMES may be easier to see in CRIMINAL JUSTICE.


If we start to get a handle on these issues involving:
  • DEVELOPMENTAL SYSTEMIC INFLAMMATION
  • Emotional Regulation Issues (that may be the result of Hyper-Connected Brains), and
  • Executive Functioning Issues

We might also see a lot fewer "COVER UPS" by authority figures and lifestyles that are more  tailored to the REAL STRENGTHS and CHALLENGES of DIVERSE INDIVIDUALS.

I think it is hard to recognize that many of these "EXECUTIVE FUNCTIONING CHALLENGES" are not just in one segment of the Society.

Assessment of ADHD for the Criminal Justice System (2010)

Imperial College London, King's College London

"There is an important relationship between attention deficit hyperactivity disorder (ADHD) and antisocial behaviour, and experts are increasingly being asked to advise the courts about the psychological vulnerabilities
and management of defendants with ADHD."

Picture
Concept of Mens Rea: Meaning and its judicial interpretation

thefactfactor.com/facts/law/legal_concepts/criminology/mens-rea/16644/

Currans 290, F. 2 d 751 (3rd Cir. 1961) case, Biggs, Chief Justice observed:

“The Concept of Mens Rea, guilty mind, is based on the assumption that a person has the capacity to control his behaviour and to choose between alternative courses of conduct."


The explanation of "mens rea" above contains a pretty nice, neat ASSUMPTION --- it doesn't mesh well with a MESSY REALITY.

Further, it is really a PREDICATE for PUNISHMENT --- NOT SAFETY. 
Picture
Crap Justice & Crap Services --- They Often Go Together
Picture
Mens Rea:  The Criminal State of Mind

    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