Mental health law sanctions psychiatric imprisonment and iatrogenic injury

Opposition to forced mental health treatment involves support for the repeal of mental health law. There is no legal sanction for forced treatment besides the law. If one doesn’t support the repeal of mental health law, one can’t be against forced mental health treatment, and vice versa. The two go hand in hand. There is no HIV law, there is no cancer law, there is no tuberculosis law, there is no common cold law, but yet there is a mental health law. I would be against the enacting of such health/illness laws, too. Without mental health law, there are all sorts of laws against false imprisonment, kidnapping, and assault to keep the state from engaging in such activities. With mental health law, imprisonment, kidnapping, and assault–what would in ordinary circumstances be termed mistreatment, or maltreatment–is magically transformed into medicine by proclamation.

Given mental health law, voluntary treatment is always voluntary in name only. A person can admit him or her self into the hospital, but if a doctor or doctors object to this individual leaving, he or she is stuck there. All the doctors and staff need to do is to ask for a court order, and then the formerly voluntary patient will be evaluated, and possibly face a commitment hearing. The units are locked, and people are not allowed to come and go at will. Thus voluntary treatment isn’t voluntary in point of fact.

When the locks are removed from the doors, and people are allowed to come and go as they please, then and only then will we have truly voluntary treatment. Voluntary treatment and forced treatment cannot exist side by side. The existence of one, being based upon power and violence, cancels out the other, being based on trust and mutual consent. Voluntary incarceration is an oxymoron, and a contradiction in terms. As we are dealing with psychiatric prisons that call themselves hospitals, this sleight of tongue can be the source of a great deal of confusion.

All we have to do to get the idea that something is amiss here is to compare the definitions of hospital and prison as provided by doing a search on Answers.com.

The definition given for hospital is as follows…

1. An institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured.
2. Chiefly British. A charitable institution, such as an orphanage or a home for the elderly.
3. A repair shop for specified items: a doll hospital.
4. Archaic. A hospice for travelers or pilgrims.

The definition of a prison is…

1. A place for the confinement of persons in lawful detention, especially persons convicted of crimes.
2. A place or condition of confinement or forcible restraint.
3. A state of imprisonment or captivity.

Putting aside the allusion to psychiatric “care” in the hospital definition, if there‘s any doubt that a psychiatric hospital has become “a place or condition of confinement or forcible restraint“ (i.e. a prison), somebody has neglected to sufficiently research the subject. A state hospital, that is, a psychiatric prison, is a place where people are confined and forcibly restrained.

Let’s not mince words, according the definitions we have a consulted, a mental patient in a locked psychiatric facility is a prisoner. If the mental patient were not a prisoner, he or she would be free to walk out the door wherever he or she desired to do so. They are not allowed to do so. They have been stripped of their liberties of movement and expression. They are confined to locked units. Confinement is imprisonment. Period.

Another alarming aspect of this matter is the fact that the primary forms of treatment used to treat patient/prisoners usually involves injuring the patient/prisoner, often against the will and wishes of the patient/prisoner. Some patient/prisoners are subjected to usually non-lethal electrocutions called Electro-convulsive shock therapy treatments. These ECT treatments always result in some memory loss. This memory loss indicates brain volume loss. Most patient/prisoners are put on neuroleptic drugs, and these drugs are proven brain damaging and life shortening poisons. No man or woman should, as happens in the mental health system, be subjected to these measures against his or her will and wishes. If a hospital is a place where the injured are treated, this treatment should never include further injury, as it all too often does in the mental health system. Therapeutic injury, in point of fact, is as much of an oxymoron as voluntary incarceration.

Violent criminals need to be held accountable for the crimes they commit regardless of the frame of mind they were in at the time of the commission of the crime. Crime is a matter of breaking the law. It is not a matter of pathology. The state has no business legislating medicine. The states business should be in protecting citizens instead. The NGRI (Not Guilty by Reason of Insanity) defense should be removed from the books. Mental health issues, in the criminal justice system, should be dealt with on a voluntary basis. When the stability of a suspect interferes with a court proceedings this interference shouldn’t forestall accountability. People who break the law, whether of sound mind or not, should be held accountable.

As is, due to mental health law, people have the right to receive mental health treatment, but they don’t have the right to refuse mental health treatment. This need for treatment is determined solely by a leap of judgment on the part of a psychiatrist or other designated professional. The targets of this action have few legal recourses to prevent this sort of action from taking place. Their constitutional rights, in fact, are circumvented in the commitment process. I support the rights of people to refuse mental health treatment. This is a right that will only come into being with the repeal of mental health law. Mental health law is actually forced treatment law. I am not against mental health treatment. A person should be allowed to receive such treatment if he or she wants it. I am against imposing mental health treatment on people who don‘t want it. Without mental health law, forcing treatment on a person is assault, and assault is illegal. This assault is conducted by the state. When the state puts itself above the very laws our representatives have enacted, and when it ceases to act in the interests of its citizens, all of its citizens, watch out! You could be next.

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5 Responses

  1. I think I’ve told you before but I’ll say it again here.

    About 35 years ago I smoked a lot of dope and my silly parents had me locked up as a lunatic. I managed to extricate myself from the shrinks and their haloperidol and ten years later I was married, had kids, bought a house and worked as a registered nurse. But I had, and obviously still have, a hatred for shrinks and moronic well meaners,

    Without being gratuitously insulting toward co-workers it was often necessary for me to be honest and defend a person who was being railroaded. And that was just in regular hospital nursing. Occasionally, but thankfully rarely, I also worked in psych. Like many people do I sometimes risked working in areas I didn’t like.

    I have probably saved some decent lives that otherwise would have been lost, or made indecent, had these people been sent or submitted to the shrinks.

    Very often in a hospital setting, just a regular medical- surgical hospital, patients feel compelled. They will comply to the most senseless demands made by hospital staff. Much of what is inflicted upon people in hospitals has got nothing to do with them, it’s got to do with the fears, bickering, politics, backstabbing etc that goes on between the workers. I made quite a few enemies defending patients from the stupidity of blockheads.

    • Your actions as a nurse sound highly commendable, Rod. I’ve heard people talking about how psychiatry, or psychiatric drugs, save lives. I’ve seen how they take lives. I imagine other branches of medicine make mistakes, too.

      The problem is that sometimes this salvation is merely a matter of emotion and rhetoric. The reality can be quite different. People have ‘false memories’. Eyewitness testimony is among the most unreliable evidence in a court of law. Until we conduct the experiments, and test whether this or that works better, we can’t know for certain. This research requires a level of risk.

      In the psychiatric system, and I’m pretty sure this is true in other branches of medicine as well, employment can be pretty precarious for the person who is conscientious. It is a heroic task, and any bucking of precedure can throw one’s position into jeopardy. Holding a job often becomes a matter of not speaking up. It is very encouraging indeed to hear of instances where anybody has managed to make a real difference.

      When a person who is not a blockhead rises to a position of authority, where they have a bit of leeway, and where they can actually affect some positive changes, you’ve got a cause to celebrate.

  2. Here in England there is something called the Care Quality Commission that oversees, amongst other things, the detention of people under the Mental Health Act. There used to be a body just for that purpose but it got merged into other bodies. They publish an annual Mental Health Act report
    http://www.cqc.org.uk/sites/default/files/media/documents/cqc_mha_report_2011_main_final.pdf
    and on page 67 there is a table which shows that 2 per cent of unnatural deaths amongst people detained under the Mental Health Act are classified as iatrogenic. But there is no comment on it.

  3. The law as it relates to the justification of forced mental health treatment. A topic for research. How did it come about in the first place? It should only be an option in the first instance; administered to extend relief to someone who is in pain. Then, there ought to be extensive and open legal proceedings that must be entered into before treatment can continue. It should not be something that an individual or a small group of individuals who scratch the backs of one another can actuate. There must be neutral record and due process.

    I agree with most of what you say, MFV, but not the part about accountability. I believe there are exceptions but I do take issue with the various “Twinkie Defenses” that have sprung up.

    Locking the crazies away in institutions until they learn how to behave in a socially acceptable way keeps everything nice and neat, doesn’t it?
    People already watch out in case they are next. Fear is a good tool for keeping people in line.

    It is a good thing that you defended patients, Rod; I imagine that you suffered for it at times. You are right about the petty politics that rule a patient’s stay in hospital. The level of care given varies from ward to ward and from shift to shift.

    MM, I read the relevant section in the report you reference. Yes, it does leave one wondering what happened there. It is of concern that obvious precautions were not taken in a number of cases also. It should not need an official review to point out the obvious.

  4. In response to ‘Monday Morning’, the CQC has in addition, been only a couple of weeks ago exposed for the lack of action to improve known problem placements of the elderly.
    I just thought id add the furthering proof of the unjustness of the medical heirachy bullcrap tiz all.

    I forget the name of the woman whom is being fired for ‘extreme negligence’, although the ‘insanity’ is, she remains till September 2012 at her job post (the highest up whatever role? Leader?, commisioner? Blah… You can read the article at…
    Atosregisterofshame.com)

    this is a great blog i, myself having mental dysfunction induced by medication, not been institutionalised yet severely affected esp since having discovered why i am to have had severe mental impairment, then systematically bullied, denied vital reduction of medication assisstance for the audacity to have raised awareness of the abuse ive endured, (i wont use term ‘complained’ how insulting that seems, i do not ever whine).

    I cannot respect the Psychiatric system, i find it more sinister and in fact, to be itself as ‘a system’, a mentally deranged theology process.

    Freud like idiocy that has no bounderies of drugging the both high dose, concoction of brain destructive chemicals, despite an ’emotional triggered problem’. That is a humans right to emote, it only need compasssion, time, patience, respect etc.

    My personal two year research into medicinal induced dysfunction via ssri/snri (initially for clinical evidence to prove iatrogenic) has expressed in blatant facts the following….

    1. Clinical trial results are misleading and deceptive.
    2. In addition to no.1, the ghost written promotional reports are manipulative to public interest.
    3. Post market prescribing (at Dr.s own deciding) do not realistically compare to any clinical trial length.
    4. Mental Health is not in need of toxic chemicals, (drugs are drugs not natural to the genetics of man, can and will, only cause irreverseble damages in time).
    5.The the brain and cns, the two most complex mechanisms
    that Science is oblivious to, yet are abusing via the lie of ‘benefits’ to., in what is in fact reality, natural emotional reactions.
    6. Once drugged there is no way of telling a persons condition of unbalanced emotion, is worsening solely based on drug depence.
    7. Brain neurotransmissions are not only the serotonin target, serotonin is in at least 90% of the entire body, hence all symptomatic reactions (that have listed up to over 500 commonly attributed, both mental and physical, pain, trauma, dysfunction, disease imitation, psychosis’.).
    8. Profiting pHARMa is still producing inaccurate accounts of data limiting the actuality of pain, trauma etc, within withdrawal, as the ‘mild to moderate’ and ‘rarity’ as also, time limit of reduction being ‘months to discontinue’. The reality is, depending on length of drug therapy, years, inability to fully discontinue and severe consistant symptomatic impacts, non reversable induced imitations of disease. Some people have discontinued yet receive symptomatic impacts upto a year on.
    9. On several occasions the Bipolar/Unipolar ‘disorder’ has been clearly recognised as ‘drug therapy induced’, patients recovering slowly in reduction of drug.
    10. Since ‘chemical imbalance’ dishonest, deceptive, deviant promotion of drugs to medicinally aid ‘mental disease/disorder/dysfunction’, the rise in such numbers of people whom are ‘suffering from’ has risen over 6 figures in UK alone.
    11. Admissions to institutes tripled from 1999-2004, by 2007 a furthering double to the previous amount.
    (no data on my person at this moment to provide links, but please go to B.M.A (British Medical Association foi) or google it lol).
    Truthis numbers would have risen by now and clearly thats terrifying.

    Hell! I go on i know, i just wanted to pop in and briefly contribute, i always seem to be a long dragging post.
    My point is, we are all victims of a false illness turned real and brutal illness that is then, once we are in severe hell and a vunerable state, we are subjected to, non compassion, incarceration, institutionalised and totally left to sadistic science and untold playing around experiments of further intoxications.

    The advancement of medicinal science?????? Lmao!
    Drugs do not cure, not in history has ever cured, merely a supressant ofg symptoms while producing their own instead.
    FACT.! all drugs are actually synthetic versions of natural herbal plant life remedies, ‘biochemistry’, make a chemical to act like a natural cure, ha sick twisted science, (silly old us and damned unfair why we have to endure hell before we learn truths?
    Much love, great health and good lives to all.

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