Monday, October 09, 2006
Crazy Eyes: They're not just for Practice Court anymore!
For those of you who don't have enough to read (he he), the new artice I wrote with Judge Manske is available online. You can look at an abstract or download it here (to download it, click on "document delivery" in the upper left corner).
"Crazy Eyes: The Discernment of Competence by a Federal Magistrate Judge" is about a moment in court that has long fascinated me-- when a person who may not be competent comes before a magistrate at the initial appearance. In just a few minutes, with no training, the Judge has to decide (often based only on what he can observe) whether or not to lock the person up for days or weeks for a psychological assessment. This can result in the effective incarceration of someone who is likely to get a low sentence or probation if, in the end, they are convicted of a crime.
The article is based on three cases in which Judge Manske had to make such decisions, with suggestions for reform. It will be published this spring in LSU's Law Review.
"Crazy Eyes: The Discernment of Competence by a Federal Magistrate Judge" is about a moment in court that has long fascinated me-- when a person who may not be competent comes before a magistrate at the initial appearance. In just a few minutes, with no training, the Judge has to decide (often based only on what he can observe) whether or not to lock the person up for days or weeks for a psychological assessment. This can result in the effective incarceration of someone who is likely to get a low sentence or probation if, in the end, they are convicted of a crime.
The article is based on three cases in which Judge Manske had to make such decisions, with suggestions for reform. It will be published this spring in LSU's Law Review.
Comments:
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As a prosecutor I find that most of the people I come into contact with here have crazy eyes. In the end I think you have to be crazy to kill, rape, etc. I'm sure every bad act can be traced to being wired "incorrectly." But that doesn't mean they all can get treatment...some just need to be locked up.
Then there are the ones who do things like throw feces at the judge (true story). Even Judge Jeffy, with as little psych training as he's had, can spot these guys.
Then there are the ones who do things like throw feces at the judge (true story). Even Judge Jeffy, with as little psych training as he's had, can spot these guys.
# posted by 
: 10:47 AM
: 10:47 AM
By the way, you can spot some of these people by taking a look around you in PC. There were a few in our class. I'm sure the profs feel the same. C'mon Osler, admit it, you know which of your students will end up in front of a judge (not as an advocate).
# posted by : 10:50 AM
: 10:50 AM
Anon--
As you can see in the article, the tough cases are where the crime is short of murder and rape, and the person isn't raving (ie, feces throwing). There's a lot of give there.
As you can see in the article, the tough cases are where the crime is short of murder and rape, and the person isn't raving (ie, feces throwing). There's a lot of give there.
Totally agree there Osleroonie. The point I was trying to get across was that most criminals are a bit off...it's what makes them criminals (in most cases, not all).
I wonder if we really should have two systems (for those judged to be crazy and those who aren't that lucky.) But that's a big debate I'd rather not start now.
I'd rather see the list of raving students you've kept over the years or at least hear about some of the feces throwing lunatics you've dealt with!
I wonder if we really should have two systems (for those judged to be crazy and those who aren't that lucky.) But that's a big debate I'd rather not start now.
I'd rather see the list of raving students you've kept over the years or at least hear about some of the feces throwing lunatics you've dealt with!
# posted by : 3:42 PM
: 3:42 PM
I got to read the article while it was being polished up- I found it fancinating that federal judges have no formal training in doing this.
I think the proposed solutions are solid first steps to correcting the oversight.
I think the proposed solutions are solid first steps to correcting the oversight.
# posted by : 4:17 PM
: 4:17 PM
As a Virginian who has met and likes George Allen, I can assure you he does not have Crazy Eyes.
He is, however, an Alpha Male jock and as a result is sort of a bully. He thinks pranks and nasty comments all in fun.
Until he gets caught. Like a lot of Alpha Male jocks, he turns out to have something of a glass jaw.
Many of our successful politicians had to suffer some sort of setback before they could advance. Lincoln, FDR, LBJ, Nixon, Reagan, Clinton, G H W Bush, and even G W Bush all lost at least one election or nomination fight before moving forward to the Presidency.
We'll see if Allen survives this (most likely as his opponent is making the classic challenger mistake of urging voters to vote AGAINST Allen instead of FOR him) and more importantly, if he learns from it.
Duke Cunningham had pig eyes.
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He is, however, an Alpha Male jock and as a result is sort of a bully. He thinks pranks and nasty comments all in fun.
Until he gets caught. Like a lot of Alpha Male jocks, he turns out to have something of a glass jaw.
Many of our successful politicians had to suffer some sort of setback before they could advance. Lincoln, FDR, LBJ, Nixon, Reagan, Clinton, G H W Bush, and even G W Bush all lost at least one election or nomination fight before moving forward to the Presidency.
We'll see if Allen survives this (most likely as his opponent is making the classic challenger mistake of urging voters to vote AGAINST Allen instead of FOR him) and more importantly, if he learns from it.
Duke Cunningham had pig eyes.
# posted by : 1:03 PM
: 1:03 PM << Home
