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Just turning his life around

thebigsd

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So many Dave's in this thread :) Dave_pro2a, if you disagree with the article so fervently, why not write your own about the same topic. You can post it here, and we'll all critique it. I don't mean this negatively, it just seems there are two very differing viewpoints here.
 

Dave_pro2a

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I know I'm not the most liked person on the board, in regards my job, but I did want to weigh in on a few things.

No contact orders are helpful in some cases but NOT all. I was trying to write out a post that explained what I see often but issues like this are too complicated to write small posts about. And as far as my view on parole/probation some know my view on that (even if it wasn't my job I would feel the same way.) (and I'm applying for a job with Border Patrol in the deserts of AZ anyway so this isn't me trying to keep my job).

As far as drug/alcohol treatment being ordered only for juveniles, it is actually often apart of a court judgement in criminal trials that someone participate in a "rehab" program.

As far as "suicide by cop" in regards to this particular person I don't think anyone could know what his reasoning was behind this whole incident.

As I think someone posted on, I'm not sure how this is a "open carry" issue but here is my 2 cents anyway.

Best to everyone

Here's another way to look at it.

There is no one currently IN prison being forced to participate in drug and alcohol treatment.

There are people on parole who have agreed to participate in drug and alcohol treatment. Here's how that works: they are sentenced to 9 years. At year 7 the parole board makes an offer kind of like this...

"We will release you now, but only if you agree to waive your 4th and 5th amendment rights -- so you know, our parole officers can roust you without a warrant. Oh yeah, you also have to agree to participate in drug or alcohol treatment. Please be aware, you don't have to agree to any of this, you can serve the full 9 year sentence and not attend treatment, and not have a parole officer."

So were they sentenced to treatment? No.

Or here's another scenario:

A lady gets arrested for DUI (breaking gender stereotypes here). She is facing a very tough trial: either by jury, or by bench.

She's in jail awaiting trial. The judge says something like this...

"You can rot in jail until your trial, or we can let you out if you agree to not drink alcohol, not drive a vehicle, and attend AA meetings. Of course, you're welcome to sit in jail."

Bam! Voluntary agreement. She is waiving her rights to a large degree by consent.

So she agrees, and later the DA comes to her and says...

"We can take this to trial and you can take your chances. You could face FIVE years in prison for this DUI. Or you can plead guiltily, save me hours of work, make me look good in front of my boss, get me a raise, and my name in the paper... and in exchange for your voluntary agreement to plead guilty I will make sure you only serve 2 days in jail, but you have to also attend AA meetings, not drive a car, not drink alcohol in any form."

BAM! Voluntary agreement. She could have faced trial and as a result she would have lost her case and been given a sentence that did NOT include treatment. Period.

Find me someone who faced a real trial by jury, or by bench, where there was no plea agreement, and the full sentence was served, and who also was forced to go to treatment. Good luck. Anything short of that is voluntary participation in treatment, or the modern WoD criminal approach to drug abuse -- and the ensuing 'court ordered' treatment mills-- are a joke.

Frankly, I win either way. Because if that "worthless human" was forced into treatment than he is a murder victim of the WoD. We failed him. And if he wasn't forced into treatment, then he was trying to turn his life around by definition.
 
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John Hardin

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Out of curiosity, is it your personal belief that a person convicted of a felony -- who has fully served his sentence and is not on probation -- should be bared from exercising his inalienable 2nd Amendment Rights?
For a felony crime of violence, yes. Otherwise, no. I think permanently losing your RKBA for all felonies is unjustified, especially given the proliferation of felonies that we're suffering. For example, losing your RKBA for selling a lobster which is "too small" according to some other nation's laws is idiotic.

Maybe we can get 18 USC 44 Sec 922 (d)(1) amended to:
(1) is under indictment for, or has been convicted in any court of, a crime of violence punishable by imprisonment for a term exceeding one year;
 

CEM

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Kirkland, Washington, United States
Here's another way to look at it.

There is no one currently IN prison being forced to participate in drug and alcohol treatment.

There are people on parole who have agreed to participate in drug and alcohol treatment. Here's how that works: they are sentenced to 9 years. At year 7 the parole board makes an offer kind of like this...

"We will release you now, but only if you agree to waive your 4th and 5th amendment rights -- so you know, our parole officers can roust you without a warrant. Oh yeah, you also have to agree to participate in drug or alcohol treatment. Please be aware, you don't have to agree to any of this, you can serve the full 9 year sentence and not attend treatment, and not have a parole officer."

So were they sentenced to treatment? No.

Or here's another scenario:

A lady gets arrested for DUI (breaking gender stereotypes here). She is facing a very tough trial: either by jury, or by bench.

She's in jail awaiting trial. The judge says something like this...

"You can rot in jail until your trial, or we can let you out if you agree to not drink alcohol, not drive a vehicle, and attend AA meetings. Of course, you're welcome to sit in jail."

Bam! Voluntary agreement. She is waiving her rights to a large degree by consent.

So she agrees, and later the DA comes to her and says...

"We can take this to trial and you can take your chances. You could face FIVE years in prison for this DUI. Or you can plead guiltily, save me hours of work, make me look good in front of my boss, get me a raise, and my name in the paper... and in exchange for your voluntary agreement to plead guilty I will make sure you only serve 2 days in jail, but you have to also attend AA meetings, not drive a car, not drink alcohol in any form."

BAM! Voluntary agreement. She could have faced trial and as a result she would have lost her case and been given a sentence that did NOT include treatment. Period.

Find me someone who faced a real trial by jury, or by bench, where there was no plea agreement, and the full sentence was served, and who also was forced to go to treatment. Good luck. Anything short of that is voluntary participation in treatment, or the modern WoD criminal approach to drug abuse -- and the ensuing 'court ordered' treatment mills-- are a joke.

Frankly, I win either way. Because if that "worthless human" was forced into treatment than he is a murder victim of the WoD. We failed him. And if he wasn't forced into treatment, then he was trying to turn his life around by definition.

Sorry for the delay in a response. I got some weird stomach bug and haven't been well the last few days.

First off I hope you don't attribute the quote "worthless human" to how I feel about the clients I work with as I never think that. Most people I work with are good people who made bad a choice(s).

Parole as it is usually seen was replaced in the 80's. Only people sentenced before then and some sex offenders come before the Indeterminate Sentencing Review Board (ISRB) which is basically the parole board. Most people sentenced now and under supervision are sentenced under the Offender Accountability Act (OAA), a few under the Sentencing Reform Act (SRA).

I can't give specific names of those sentenced (policy) but they were sentenced to "treatment" and they were found guilty in court (not a plea, although most do plea). With the people I supervise they can say no to treatment and do there supervision time in jail and be done with supervision but since the judge specifically wrote on the judgement and sentence to do treatment the court can hold a "review hearing" and he/she can be found in contempt for not doing what was ordered. A contempt charge can include additional jail time.

I'm not saying I agree or disagree with any part on how the law works now, I'm just explaining how it works.

Have a good one
 

Dave_pro2a

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With the people I supervise they can say no to treatment and do there supervision time in jail and be done with supervision but since the judge specifically wrote on the judgement and sentence to do treatment the court can hold a "review hearing" and he/she can be found in contempt for not doing what was ordered.

That does not make logical sense as written.

I used to work in the industry, and have many friends who still do. None have ever heard of mandatory treatment for adults -- none. This is info from many people currently working at large private and government affiliated treatment / mental health facilities.

You simply cannot 'force' an adult into drug and alcohol treatment, because they always have the option of serving their full sentence in prison or jail. You can 'carrot' them into agreeing to treatment, but unless they are under duress then it is voluntary.

And if you think they are under duress, then gee, you'd have to also believe that whole modern legal system is inherently and fundamentally flawed.
 
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CEM

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That does not make logical sense as written.

I used to work in the industry, and have many friends who still do. None have ever heard of mandatory treatment for adults -- none. This is info from many people currently working at large private and government affiliated treatment / mental health facilities.

You simply cannot 'force' an adult into drug and alcohol treatment, because they always have the option of serving their full sentence in prison or jail. You can 'carrot' them into agreeing to treatment, but unless they are under duress then it is voluntary.

And if you think they are under duress, then gee, you'd have to also believe that whole modern legal system is inherently and fundamentally flawed.

I'm not sure how else to explain it. If you really wanted to know I can PM you. I think we've got this thread off topic a bit and I'm not going post on here about this anymore.

As far as people not knowing about how the current system works, a lot don't know. I have family members and lawyers of those on supervision ask me all the time as they didn't know it works the way it does.
 

Dave_pro2a

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I'm not sure how else to explain it. If you really wanted to know I can PM you. I think we've got this thread off topic a bit and I'm not going post on here about this anymore.

As far as people not knowing about how the current system works, a lot don't know. I have family members and lawyers of those on supervision ask me all the time as they didn't know it works the way it does.

Or it could be that we're dealing with a nuance that you simply can't grasp. Or maybe you don't fully understand how the current system works.

I've known several POs that routinely gave out false information -- either intentionally or unintentionally. I once heard a PO tell a parolee that he could work in a sporting goods store, behind the gun counter (as in, handing guns to customers). [shrug] Just another day dealing with a mindless bureaucracy.
 

CEM

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Or it could be that we're dealing with a nuance that you simply can't grasp. Or maybe you don't fully understand how the current system works.

I've known several POs that routinely gave out false information -- either intentionally or unintentionally. I once heard a PO tell a parolee that he could work in a sporting goods store, behind the gun counter (as in, handing guns to customers). [shrug] Just another day dealing with a mindless bureaucracy.

Actually I grasp it just fine and my mind is quite good.
 
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