(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . My Trump Sentencing Fantasy: Lock Him Up for a Psych Evaluation [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-09-03 About two weeks from now, on September 18, Dementia Don will shuffle into the Manhattan court room of Justice Juan Merchan to find out if he will be sent to prison. For months now, the American media have been actively shaping public opinion with the foregone conclusion that Merchan will not put America's senile Hitler in the slammer. I am not a lawyer, and have never even played one on television. However, I did beat a traffic ticket in court once by successfully challenging the incorrect “facts” that a police officer had written on the back of that ticket. I feel that this provides me with as much authority to opine on complex legal matters as if I had a very smart uncle at MIT. While justice should always be fair and impartial, it should also demonstrate compassion and a willingness to consider mitigating circumstances. It would be a grave injustice to imprison an elderly defendant who slept and farted his way through his trial and who has demonstrated through frequent speeches and social media posts that he does not understand the charges for which he has been convicted. At a minimum, in the interest of defending the rights of such an unfortunate cretin, justice demands that he be provided with a full psychiatric and medical evaluation to determine if he is fit for prison, or if it would in fact be most humane to incarcerate him in a different type of facility. I can google stuff and do my own research as well as any ivermectin-overdosing Trump supporter, and my extensive legal investigation that I have completed in the last fifteen minutes proves conclusively that sending Trump directly to a locked psychiatric facility for a full evaluation is a perfectly reasonable alternative for Judge Merchan to order. Section 111.2 Examination of defendant (a) An order for the examination of a defendant to determine whether he is an incapacitated person under article 730 of the Criminal Procedure Law shall be addressed to the director of community mental health services of the county where the criminal action is pending, except in the City of New York where the order shall be addressed to the director of community mental health services of such city. If there is no such director of community mental health services, the order shall be addresed to the director of a hospital operated by local government within such county or city that has been certified as having adequate facilities for such purpose by the Commissioner of Mental Health or, in the absence of such local hospital, to the director of the State hospital operated by the Department of Mental Hygiene serving the county where the criminal action is pending. (b) The hospital in which a defendant may be confined for examination pursuant to subdivision (2) or (3) of section 730.20 of the Criminal Procedure Law shall be a hospital operated by local government that has been certified by the Commissioner of Mental Health as having adequate facilities to examine a defendant to determine if he is an incapacitated person. If there be no such local governmental hospital serving the county where the criminal proceeding is pending, the defendant may be confined in a general hospital having a psychiatric unit approved by the Commissioner of Mental Health or in a State hospital operated by the Department of Mental Hygiene approved for such purpose if the person in charge thereof shall have given his consent to the confinement of such defendant therein. Section 111.3 Examination report (a) The examination of the defendant by the psychiatric examiners may be conducted separately or jointly but each examiner shall execute a separate report. Such report shall be made in the form jointly adopted by the Chief Administrator of the Courts and the Commissioner of Mental Health. (b) The director of community mental health services charged with causing the examination to be made shall furnish six copies of the examination report to the court for filing and necessary distribution. The court shall require that copies be furnished to counsel for the defendant and to the district attorney. We must be ever mindful of the needs of the defendant. To that end, justice would be best served if the defendant were provided with not just a full psychiatric evaluation, but also a complete neurological and general medical evaluation to identify the cause of his pathologies. There is no question that would be a grave injustice to send this elderly defendant to prison if he is not medically fit to survive such an ordeal. While this approach certainly is the most humane way to ensure that the rights of the defendant are fully observed, justice demands that the rights of the victims (i.e. all those who voted against Trump in 2016) must also be considered. To that end it is essential that all of the results of these evaluations be provided as part of the public record, so that all of the victims of his crimes can fully understand the reasoning behind any subsequent sentencing decisions. By the authority vested in me as a guy who writes blog posts and googles stuff, it is so ordered that the defendant be immediately remanded to a locked psychiatric facility for evaluation on September 18, 2024. [END] --- [1] Url: https://www.dailykos.com/stories/2024/9/3/2267636/-My-Trump-Sentencing-Fantasy-Lock-Him-Up-for-a-Psych-Evaluation?pm_campaign=front_page&pm_source=more_community&pm_medium=web Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/