Magistrate Birty Pompey
One of the authority a magistrate has in his tool kit, is the right to order that a person be evaluated for mental illnesses. However, because of the nature of such evaluation and the stigma that is associated with this it has to be implemented with care.
The ordering of a psychological evaluation should not be done to appease anyone, but it must be done with the best interest of the defendant in mind. Therefore, a magistrate must be very careful in ordering such evaluation and he must also have a systematic plan how such is going to be use, for the betterment of the defendant, the protection of the complainants and the furthering of justice.
The primary purpose for such evaluation to be done is as follows.
1. To see if the defendant is fit to stand trial.
2. To see if the defendant is any real danger to themselves or to anyone else.
3. And to get the defendant help if any such help is needed.
4. And to ensure that the justice system do not perpetrate an injustice to try and convict a person who is unable to properly participate in the process.
My concern with Yugge Farrell is, the charge that she was taken before the magistrate on was a none violent charge which should result in the issuing of a fine less than $100.00. As a matter of fact, police do not get involved in threat unless there is a real chance that there is a mitigating circumstance. In cases of threats the police will locate the defendant and issue a verbal warning and recommend that the complainant take civil actions against the defendant.
It is also important to note, that even though the law give the Magistrate permission to send a person to the mental health asylum, to be evaluated, he do not have the authority to send a person unless he has a justify reason to do so. A justify reason give the Magistrate or Judge the right to act upon his permission or authority.
Evidence is the tool that gives the Magistrate or a Judge the right to act on the authority or the permission that the law gives to them. It is important to note that a Magistrate and or a Judge do not have the authority to make a decision in isolation; but rather, he has a legal obligation to use the law, which gives him the authority to act, with the evidence which give the presiding Jurist the right to act. Each decision with must be a combination of Law and rights – Authority and evidence.
However, the complaint that was made against Yugge Farrell was much less in degree than a threat. When a threat is a person making a promise to do some physical harm or cause death to another, or to damage or to destroy some property, insulting or offensive language is an effort to cause public or private embarrassment to another. Police don’t ever carry such matter before the court.
One of the authority a magistrate has in his tool kit, is the right to order that a person be evaluated for mental illnesses. However, because of the nature of such evaluation and the stigma that is associated with this it has to be implemented with care.
The ordering of a psychological evaluation should not be done to appease anyone, but it must be done with the best interest of the defendant in mind. Therefore, a magistrate must be very careful in ordering such evaluation and he must also have a systematic plan how such is going to be use, for the betterment of the defendant, the protection of the complainants and the furthering of justice.
The primary purpose for such evaluation to be done is as follows.
1. To see if the defendant is fit to stand trial.
2. To see if the defendant is any real danger to themselves or to anyone else.
3. And to get the defendant help if any such help is needed.
4. And to ensure that the justice system do not perpetrate an injustice to try and convict a person who is unable to properly participate in the process.
My concern with Yugge Farrell is, the charge that she was taken before the magistrate on was a none violent charge which should result in the issuing of a fine less than $100.00. As a matter of fact, police do not get involved in threat unless there is a real chance that there is a mitigating circumstance. In cases of threats the police will locate the defendant and issue a verbal warning and recommend that the complainant take civil actions against the defendant.
It is also important to note, that even though the law give the Magistrate permission to send a person to the mental health asylum, to be evaluated, he do not have the authority to send a person unless he has a justify reason to do so. A justify reason give the Magistrate or Judge the right to act upon his permission or authority.
Evidence is the tool that gives the Magistrate or a Judge the right to act on the authority or the permission that the law gives to them. It is important to note that a Magistrate and or a Judge do not have the authority to make a decision in isolation; but rather, he has a legal obligation to use the law, which gives him the authority to act, with the evidence which give the presiding Jurist the right to act. Each decision with must be a combination of Law and rights – Authority and evidence.
However, the complaint that was made against Yugge Farrell was much less in degree than a threat. When a threat is a person making a promise to do some physical harm or cause death to another, or to damage or to destroy some property, insulting or offensive language is an effort to cause public or private embarrassment to another. Police don’t ever carry such matter before the court.
That is why it is so hard for me to understand the reasoning of the Magistrate to order Young Farrell, be taken into custody and be confined to the mental health facility for two weeks, when any such evaluation can be completed in a few hours with a standardize test. What is the real reason behind this confinement at the Mental Health Center I will like to know?
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