[lbo-talk] Jared Lee Loughner, the conservative/liberal axis and the mentally ill...

Mark Bennett bennett.mab at gmail.com
Sun Jan 16 22:14:44 PST 2011


So what is your point exactly? The authors of LPS may have politically suspect or naive, but LPS was regarded as a tremendously progressive piece of legislation for its time, and has served as a model for similar legislation throughout the Western world. Before LPS, persons could be judicially committed indefinitely, for the most dubious of reasons (the Frances Farmer case is one of the most nortious instances, as is the fictionalization in One Flew Over The Cukoo's Nest, but the abuses were numerous and scandalous) 5150 is a 72 hour hold. A longer hold requires a commitment hearing under 5250, in which the person to be committed is provided with counsel and due process. The law is hardly perfect, and it has had many unintended consequnces, many of them undesirable (no surprise there), but it is not to blame for Loughner's rampage. It's also no surprise that Petris was influenced by Szasz's ideas: at the time there were many people in California state mental institutions who were clearly sane and had been committed by family members and indifferent judges for a variety of reasons. The real scandal, that the Right has been at pains to whitewash, is that a man as obviously unbalanced as Loughner could just walk into a gun store, fork over his money, and walk around with a 9mm Glock with two 30 round magazines.

On Sat, Jan 15, 2011 at 6:40 PM, Mike Ballard <swillsqueal at yahoo.com.au>wrote:


>
> And so you had a situation that was untenable. So that whole thing was
> brewing.
> But there was also a political element. And the history of LPS is really
> interesting, so LPS refers to Lanterman Petris Short, that's the name of
> the
> three California legislators who drafted civil commitment law that was
> passed in
> 1967, implemented in 1969.And LPS law basically what we refer to mostly as
> 51-50
> law, and if you've heard the term 51-50, that stands for the California
> Welfare
> and Institutions legal code 51-50, and basically that's the legal code that
> has
> jurisdiction over whether someone can be held against their will in a
> psychiatric setting for an evaluation for up to 72 hours, and the three
> criteria
> are: danger to self, which basically means being suicidal; danger to
> others,
> which means being potentially violent or homicidal; and gravely disabled.
> And
> gravely disabled means being unable to care for your basic needs: food,
> clothing
> and shelter, on the basis of a severe psychiatric illness.
> So these were the three criteria. Forty-three years later these are still
> the
> same three criteria, and there were other things that happened around late
> '60s,
> early 1970s.
> Another thing that happened then was Frank Lanterman, who drafted the law,
> was a
> conservative legislator from Pasadena, and he had ties to John Birch
> Society,
> Daughters of the American Revolution, very, very conservative
> organisations. And
> he said and those around him said that psychiatric hospitals were Marxist
> tools,
> that basically that the people in hospitals were political prisoners and so
> there was under a cry of libertarianism, and what I would call political
> cover
> of libertarianism said, 'Let these poor people go.' So. But really what the
> fiscal - the fiscal side was driving it as well, that essentially that
> there is
> a lot of money to be saved by closing the state hospitals. 1960 there's
> half a
> million people in state hospitals in the United States, 1980 there's
> 100,000. So
> basically this was under the cover of libertarianism, there was a fiscal
> drive
> to actually empty out the state hospitals as well.
> So you have really an arch-conservative/libertarian from Southern
> California.
> His co-author, Nicholas Petris from Oakland, describing the literature as
> 'ultra
> liberal', and he was more of the school of thought that grew up under The
> Myth
> of Mental Illness by Thomas Szasz, RD Laing The Divided Self, that there is
> a
> whole groundswell on the left saying that mental illness was a myth and
> that
> these are just kind of misunderstood, eccentric, poor characters and we
> should
> just let them go. And so you had far right, far left, and then Short was
> just
> sort of thrown in at the end, I can't tell you much about him except his
> first
> name was Alan. So Lanterman, Petris, Short, they had this sort of unholy,
> political alliance, and so this law was crafted.
>
>
> full:
> http://au.mg6.mail.yahoo.com/dc/launch?.gx=1&.rand=5enkfrqc7l37u***********************************************************************
>
> "With the seizing of the means of production by society production of
> commodities is done away with, and, simultaneously, the mastery of the
> product
> over the producer." Engels
> http://wobblytimes.blogspot.com/
>
>
>
>
>
> ___________________________________
> http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>



More information about the lbo-talk mailing list