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To: ransomnote
I agree that something should be done about people who pose dangers, but the problem with laws like this and the Baker Act is that they can be abused. I recently saw a show regarding psychiatrist Holli Bodner, whose abuse of the system ultimately ended in a man's death. Using access she had to certain government databases in a professional capacity, she misidentified the neighbor she was feuding with, Jean Paul Villar, as a criminal with a similar name, John Villar, and fearing for her safety (a fear she built up in her own mind that had no basis in fact), proceeded to use her contacts within the court system to have him involuntarily committed under the Baker Act. She had never seen him in a professional capacity. Nobody questioned her. He was recovering from back surgery when sheriff's deputies arrested him and handled him roughly. The back surgery was needed because he was injured on the job. Well, because of the rough handling by the deputies, his worker's comp stopped paying because they couldn't be sure his condition wasn't a result of his arrest. They had to pack up and move. His young daughter watched him die of a blood clot. Tragic story. This woman destroyed this family by abusing the law. There were not enough checks and balances.

Some details here: http://www.heraldtribune.com/article/LK/20031019/News/605229914/SH/
92 posted on 03/17/2018 2:43:07 AM PDT by grateful
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To: grateful

The Baker Act can be abused and no doubt there is potential abuse for this statute too. I would bet most of the time abuse happens because the people involved are unaware of their rights. Not only that they are very likely not informed of those rights upon commitment. It also probable many in such a situation are not able to fully appreciate them. So if a psychiatrist at the mental health facility decides the 72 hour hold is not enough (and it is rare they don’t decide it is necessary)a person usually does not request a hearing before a judge to challenge that as provided for in statute.

Also the article makes clear abuse also happens when there are incompetent judges, indifferent law enforcement, and malicious unethical persons who have it out for someone. That sadly can be true for just about any proceeding requiring an administrative action. You don’t just scrap the relevant laws because of it. You do throw the book at the people who abuse or ignore it.


108 posted on 03/17/2018 6:03:59 AM PDT by lastchance (Credo.)
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