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He allegedly stole $5 of junk food. He died in his jail cell. (Original Post) cali Aug 2015 OP
The judge ruled correctly. FLPanhandle Aug 2015 #1
No one should be jailed for a $5 crime. The judge abused his discretion, IMO. n/t pnwmom Aug 2015 #2
I don't know about VA, but the judge might not have had discretion Nevernose Aug 2015 #3
incorrect. There are outpatient services for people cali Aug 2015 #4
There are, to be sure. Igel Aug 2015 #5
Our prison system is in dire need of serious reform. Initech Aug 2015 #6

FLPanhandle

(7,107 posts)
1. The judge ruled correctly.
Sat Aug 29, 2015, 06:38 PM
Aug 2015

The judge properly saw the guy needed to be in a hospital and was not competent to stand trial. Kudos to him.

The issue is there is always room in the jail but why is there never any room in the hospitals?



Nevernose

(13,081 posts)
3. I don't know about VA, but the judge might not have had discretion
Sat Aug 29, 2015, 07:04 PM
Aug 2015

In many places, the DA would have had the discretion to drop the charges, but the only thing a judge could have done in a case with an incompetent defendant is order a psychiatric hospital, especially if the defendant were a danger to himself or others.

I've seen other cases where any sane system would have granted a reasonable bail, but "tough-minded" legislators have fucked up the bail system so badly that judges no longer have discretion.

In just saying that, without knowing a lot more about Virginia's laws and court rules, it's tough to blame the judge. In my experience, the problem is occasionally judicial, but always DA and police related. And in this case, the mental health care system is equally to blame.

 

cali

(114,904 posts)
4. incorrect. There are outpatient services for people
Sat Aug 29, 2015, 07:15 PM
Aug 2015

with diagnosed mental illnesses. The judge could have ordered him into an outpatient program.

That you think.it's ok for someone to be in jail for 4 months for stealing $5 of food is disturbing.

Igel

(35,317 posts)
5. There are, to be sure.
Sat Aug 29, 2015, 08:44 PM
Aug 2015

But he wasn't taking his meds in jail.

He wasn't able to put his nearest relatives on his visitors list.

He wasn't competent. He needed a guardian. He had none. The aunt didn't have custody. She couldn't speak for the guy.

Judges don't watch every case closely. They rule. Then they wait for the result and typically say when to report back. If what they say to happen doesn't happen and there's no guardian or person appointed to speak for the person in custody until then, that doesn't happen. The judge gave instructions. They were up for review in a couple of weeks, IIRC. He may have had awareness of his illness; he may not have. Doesn't matter in the least.

He should have been institutionalized, evaluated, stabilized, and his case sent back to have a guardian appointed. A lawyer should have been appointed to defend his interests; such is a nasty business, because many lawyers have the "official" interests of his client in mind and that's often just mindless resistance. "No" to everything. My mother's lawyer said "no" to everything until she made it very clear in the judge's presence that what he was saying was sugar-coated and bordering on the inaccurate. But defending her liberty was his goal and responsibility, and since she was still free with rights he had to respect her wishes. He spent much of the latter 1/3 of her custody hearing face down on his desk as she ranted and gave full vent to her delusions.

BTW, unless it's a caring relative, most such situations also end rather poorly. Not necessarily with death, but abuse of psych patient by professional "guardian and custodial" companies is frequent.

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