Text 4541, 74 rader
Skriven 2007-06-19 13:19:00 av TIM RICHARDSON
     Kommentar till en text av JOHN MASSEY
Ärende: Wayne Chirnside
=======================
On 06-19-07, JOHN MASSEY said to BOB KLAHN:

JM>Bob Klahn -> Tim Richardson wrote:

BK>  ...

JJ>>> So the man was sick.


TR>> No..he wasn't.


BK>  So, now you are qualified to diagnose him, long distance?


JM>Yet you feel qualified to spout the following.


BK>  Trespassing would not normally require a mental
BK>  exam, unless the court felt it might be due to disorientation or
BK>  some such. Or incapacity to act in his own behalf in court.


First of all. `BK' had to have seen Ceppa's post to me about this on Wayne
being `off topic' in this echo. And he had to have seen it `prior' to posting
that little item `to' me on this subject, anyway.


JM>Pot to Kettle,,Your BLACK


Secondly.......a court orders mental evaluation for any number of reasons,
which usually involve a base charge (criminal\or ordinary trespass) with
enhanced circumstances.


Typically, a mental evaluation is ordered by a court due to some circumstance
that is part of the base charge (criminal\or ordinary trespass), but isn't
yet a part of the entire statement of charges (that can and sometimes does
change at a later date).


If a person is `babbling incoherently' or making wild threats during a
`trespass' situation, a `mental evaluation' might be ordered by a court in
order to see if the person is on drugs, or may be just heavily intoxicated.


If there were threats of violence involved in a `confrontation' type of
incident, and someone called the police, a charge of `trespassing' can be
used to legally take the person into custody, and hold them for a time while
an investigation is conducted into what sort of threats are involved, if
threats of weapon use was involved (which would move the case into the
`felony' category).


Also......the type and demeanor of past contact with police organizations in
the area (sheriff or city) would also become a factor. Certain drug offenses,
or suspicion thereof, might cause a judge to order someone have their mental
faculties evaluated to see if the person is even `playing with a full deck'
to start with. Also, any contact with police that involved attempted
violence, or attempted escape or evasion of an officer, might cause a court
to decide to order mental evaluation; usually for the purpose of determining
to a reasonable certainty that the person `is' playing with a full deck,
prior to proceeding with some serious charges.


Past drug offenses sometimes are a factor in a court ordered mental
evaluation.


---
*Durango b301 #PE* Silence cannot be misquoted......unless Ceppa gets hold of
it!
 * Origin: Doc's Place BBS Fido Since 1991 docsplace.tzo.com (1:123/140)