In the case of someone like Britney Spears who was 51:50'd and deemed a danger to herself or others .... ?

Question

If the requisite number of mental health professionals deem a person mentally unfit and they have to be taken in to mental health care for the requisite 72 hour hold: what happens if they attack the cop who is taking them to the psychiatric ward?

Say for example the cops have been told this person is a danger to themselves or others and mentally incompetent (eg suicidal) and the person in question goes hysterical when being cuffed and kicks the officer really hard between the legs

Presunably the cops can use force to subdue the person? Of course. But can a mentally incompetent person who has been 51:50'd be held responsible and charged with assault?

Assault on a police officer carried heavy penalties - what if the person has already been deemed incompetent - are they considered 'responsible' for their actions and treated the same as someone who is just a regular person who decided to whack a cop?

Answer 1

LEAVE BRITNEY ALONE YOU BASTARDS

Answer 2

You wrote:

" If the requisite number of mental health professionals deem a person mentally unfit and they have to be taken in to mental health care for the requisite 72 hour hold: what happens if they attack the cop who is taking them to the psychiatric ward?"



The above is where you're wrong. Its the officer that makes the decision to take the person in for a "72 hour observation" when were on the street. They have to meet 1 of 3 criteria to be taken in. We are not doctors, so we cannot say that they are unfit to face trial, just that they meet the standards to face a 72 hour observation period. If I'm arresting someone for a crime, and they meet the 5150 criteria, they go to jail for the crime and are then screened by the mental health professionals there.



If a panel of, or just one doctor, thinks a person is fit for a 5150 they don't send officers to pick them up, that's throwing fuel on the fire. Were called in if they commit crimes. The last thing you want to do is start using police for the non-criminal mentally ill.



Keep in mind, just because we take someone into custody for 5150 does not mean they are "crazy" or whatever you want to say, it just means that they meet criteria for needing some observation by a professional.



The criteria:

1) A danger to themselves

2) A danger to others

3) Gravely disabled



Shoot me a message if you need clarification.

Answer 3

For the most part, it is up to the officer involved whether or not to charge the person for assault.

Generally speaking, the officer will take into consideration the mind-set of the patient as well as the seriousness of the injury. Another factor is the nature of the assault (or the intent of the assault). If the patient was just trying to get away or in a panic, and the officer is not seriously injured - usually no charges will be filed. However, if the patient becomes aggressive and is trying to hurt the officer, charges may be filed.

The most important factor in determining whether or not to file charges is often determined by whether or not the patient actually is committed to a mental hospital by emergency committal. In TN, a patient must be evaluated by 2 different doctors and both must agree that the patient meets criteria for an emergency committal. If a patient meets this criteria, it is difficult to convict in court. If the patient does not meet this criteria, then you have proof that the patient was actually competent at the time of the assault.

All of these factors are taken into consideration. However, most of the officers I know usually do not charge the person with assault. The basis of an emergency committal is that the person is a threat to themselves and/or others. Quite often, they do fight. Most officers just consider it a part of the job.

Answer 4

Generally, if they are insane in the membrane that sort of thing is prone to happen and the person may be charged, but it is up to the DA to review the case and decide to proceed or not. The rule of thumb is, if a crime has been committed, make the arrest.

Answer 5

Yes, i think so.