Self-help

Occasionally as a criminal defense attorney you have a client who gives every appearance of being a person who can not be helped. In order to have even an interest in helping someone escape prison or jail, that person should show some small inclination in helping themselves. There are those who have very little, if any, socially redeeming value-they merely exist on the planet wandering about without the minutest contribution to anyone's well-being. True, as they do not produce anything, they consume very little-just enough to keep themselves alive. These people actually improve their prospects by being placed in jail or prison. They have food, warmth, and a bed to sleep in. These are items that may or may not be available to them regularly outside of jail. In these cases, their attorney should make little effort to have them released as early as possible contrary to their protestations. After all they have things to do, places to go, and people to see or so they say. Attorneys have ethical rules they must follow. These rules go to the idea that attorneys exist to assist their clients when dealing with legal problems, especially those of a criminal nature. The client comes first. However, clients come along whose reality is significantly different from the common. This can be the result of mental imbalance, stupidity, or simple ignorance. Ignorance can often be cured, but not the other two disabilities mentioned. There is no help for stupidity and little for the mentally deranged. We have a vast array of therapeutic placements for those hovering around the criminal justice system. Unfortunately little distinction is made between a person who is schizophrenic and one who has an IQ of 75 or one who simply doesn't give a rat's ass. We have apparently come to the conclusion, here in the U.S.A., that all can be helped, all can be productive members of society, all can learn to do what they are told. This is nonsense. To rehabilitate implies that a person at one point in his life did not need rehabilitated; the person exemplified the qualities most desired in a citizen. This premise is incorrect. We have a difficult time accepting the fact that there are those who simply can not or will not function as the society would have them function. I suppose we could take them out and shoot them like the Nazis did. We forget that the Nazis were killing their lunatics, schizophrenics, malformed long before they were gassing the Jews and gypsies. Theirs was an attempt to strengthen the race; a replacement for natural selection or a form of it. Since most societies have rejected this method of maintaining themselves, other solutions must be found. One thing we do have in common, however, is that these people should not be allowed to decide for themselves what is best for them. Someone else must do the deciding. It is certain, we will not leave them alone. They are far too obnoxious and annoying to be allowed to roam about at will. It may cost a great deal, but if they are incarcerated they will not bother the general public with their numerous needs; they will no longer be inconvenient and we can safely ignore them if they have been disappeared.

Miracle on 34th Street

After surviving more than half a century without watching Miracle on 34th Street, I was coerced by the family into viewing it last evening. I can no longer brag that this movie belongs to my "Refuse to Watch List" along with Oklahoma, Sound of Music, and Gone with the Wind. As we have now reached a level of inoffensive speech such that we can now refer to Kris Kringle's mental health as opposed to his lunacy, we can analyse the situation in terms more susceptible to the understanding of the general public. The mental health hearing as portrayed in the movie went from whether Kris had such bad mental health based upon his belief he was Santa Claus and should be therefore committed and treated to the issue of whether Santa Claus is real. These seem to be two entirely different issues. People believe all kinds of stuff including things that do not exit nor having ever existed. Do we consider a person deranged, having serious mental health issues, because of what he believes? Historically, and currently, what people have believed has got them killed. Religion has been adept at this as has a myriad of ideologues. Ergo we must consider belief as something that is taken quite seriously by a vast number of humans. Now most people believe something, usually quite incorrectly; so we must decide if all beliefs are committable or just some of them. Or, is there a continuum whereby the local psychiatrist will suggest commitment, medication, or therapy. Psychiatrists, as all of us, must have something to do. Consequently, some sort of diagnosis and treatment is normally prescribed for beliefs that are patently false or not held by the majority of the community. Now it is clear from the movie that it was considered by some to be committable to believe yourself to be Kris Kringle, but perfectly acceptable to believe that Kris Kringle is real, crawls down chimneys, and visits every house on the planet in one night. It is also perfectly acceptable to convince your eleven year old that Kris is real and will deliver unto her her dearest wish. The judge did the right thing, of course, but it was a tortuous path to dismissal. I do love the prosecutor, it perfectly encapsulates some of the prosecutors that I have personally known; quite happy to prosecute some harmless old man for not behaving in a socially acceptable manner. It must be admitted that mental commitment is preferable to burning at the stake or the gulag which have been some of the past practices; but we're not quite over the idea that we should do something to and with people who do not believe as we do. Beliefs can result in actions corresponding to those beliefs. Possibly this is the concern of those who do not hold those beliefs. It is possible to believe in something with no basis in fact or logic, but an issue if the person holding such beliefs either expresses them or acts upon them. Kris Kringle not only believed, but expressed his beliefs and acted upon them, hence the problem. The moral of Miracle on 34th Street is that it is ok to believe your Santa Claus, just don't tell anyone.