Bipolar sexual offender defense

Susan, 33, and Josh, 31, met in September when Josh worked a job that delivered beds to the Missouri hospital where Susan worked. According to Susan, a month into the relationship, Josh told her he was on the sex offender registry for a crime he committed while he was serving in the Marines. Their children were 2 and 5 at the time. A few months into their relationship, Susan allowed Josh to meet her two children.

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Schizophrenia and Dangerous Behaviour

Bipolar Disorder | Criminal Defense Attorney | Psychology of Law And Criminal Behavior

Most criminal convictions require a showing of intent or an understanding that an act or omission will result in the commission of a crime. There is an insanity defense , but that is a very difficult defense to prove and can result in indefinite detention. As our scientific understanding of the brain and the disorders that affect it advances and, indeed, as we reevaluate the concept of free will, it has become increasingly clear to many that not all criminal actors have a guilty mind. Recognizing that mental disorders often have a significant relationship to criminal offenses, the California Legislature passed a law that is effective immediately which attempts to make headway in how offenders with certain mental disorders including but not limited to bipolar disorder, schizophrenia, and PTSD are dealt with in the criminal justice system. The new law, codified as Penal Code section Not every offender with a mental disorder will be eligible; the statute specifically excludes those diagnosed with antisocial personality disorder, borderline personality disorder, or pedophilia, but, in the discretion of the judge presiding over the case, a defendant with other mental disorders may be granted a pre-trial diversion. This diversion is available to all eligible defendants regardless of whether they are charged with a misdemeanor or felony and those with prior convictions are eligible.
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Charged with a crime caused by schizophrenia or bipolar Disorder in Orange County, CA?

Back to Mental health. The story is based on research that looked at the risk of people with bipolar disorder committing violent crimes such as assault and robbery, compared with the general population. It found that, although bipolar disorder was associated with a higher risk of violent crime, the increase in risk was largely due to drug and alcohol abuse. This large, well-designed study found that the increased risk of violent crime in people with bipolar disorder was largely associated with substance abuse and not with the disorder per se.
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These laws provide for indefinite involuntary commitment of people who have committed serious sex offenses to mental health treatment facilities after they complete prison terms. At least 5, persons are currently confined under these laws. Hendricks , U. They focus on punishment rather than treatment, deal with people who often do not have a treatable mental illness, increase stigma, distort civil commitment, risk the safety of other persons in mental health facilities, divert resources from mental health care and inappropriately burden the mental health system with a criminal justice function for which it is not funded or equipped. Sexual crimes, especially against children, are an unspeakable tragedy and among the most horrible forms of violence imaginable.
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