[Vision2020] Dan Noble released on $250K bond; May 5 hearing set

[Art Deco]

The defense of using a mental illness condition for crimes committed raises a lot of questions.

Just a few, for example:

Mental illness is not simply an black/white condition.  There are degrees of severity ranging from very, very mild to a total loss of the ability to make rational judgments.  At what point and how on this continuum does should a diagnosis of mental illness mitigate criminal actions and affect the way the criminal justice system deals with an offender with alleged mental health issues that allegedly contributed to the commission of a crime?

Obviously, if person suffers from the total inability to make rational decisions, then it does not seem reasonable to hold them criminally responsible, except possibly in situations as noted below.  But what about those lesser afflicted than total loss of rational ability?  Where, why, and how does the criminal justice system decide what mitigation is  called for given the degree of mental illness allegedly involved in a criminal activity?

I'm not familiar with all the facts in the Dan Noble case.  But here's another consideration that seems relevant.  Most mental illness caused behaviors do not sprout full-blown overnight.  Various symptoms appear and grow over time.  If the sufferer becomes aware of some of these symptoms, what responsibility does the sufferer have to deal with them in some reasonable way (like diagnosis and treatment) before they result in real harm to themselves or to others? 

Is it responsible to ignore such symptoms until they result in criminal behavior?  Non-mental health example:  Some people, especially as they age, finding themselves dozing off in the middle of an activity, even an activity which demands a certain amount of focus, like driving.  When should someone stop driving or find a way to alleviate these occurrences once they know they are susceptible to these episodes of nodding off?

If a person finds themselves ingesting enormous amounts of caffeine in order to stay functional, as is apparently true in the case of Dan Noble, at what point does it become irresponsible not to try to deal with this situation in some constructive way?  Non-mental health example:  It is generally not hard for someone to realize when they are drinking too much too often, or when they have drunk too much to be in reasonable control of themselves.  When is it their responsibility to deal with this [1] when they are drunk and are deciding whether to drive, and/or [2] when alcohol intake begins to negatively affect their life/they become dependent on alcohol in order to function/they have irresistible cravings for alcohol/etc?

The fundamental question here is:  how much do we accountability in others should be demanded when conditions begin to develop which should be warning signs, which if ignored, may lead to serious consequences?  What responsibility do family, friends, employers/fellow employees/etc have to attempt to intervene when such syndromes appear?

At what point should have Dan Noble/his family/friends/etc known that there was something seriously wrong and attempted to do something about it?


Another issue is this:  Mental health diagnosis and treatment is not an exact science.  Seasoned professionals can disagree about the nature and extent of a diagnosis and/or a treatment course for an individual person.  A short, recent, but revealing article on some aspects of this subject can be found here.  Hence, it is reasonable to ask in cases where mental health is used as a defense:  How probable/accurate is the diagnosis of the nature and extent of the mental illness at issue?

Wayne A. Fox
1009 Karen Lane
PO Box 9421
Moscow, ID  83843

waf at moscow.com
208 882-7975
  ----- Original Message ----- 
  From: Saundra Lund 
  To: 'Art Deco' ; 'Vision 2020' 
  Cc: 'Tom Hansen' 
  Sent: Sunday, April 11, 2010 1:31 AM
  Subject: RE: [Vision2020] Dan Noble released on $250K bond; May 5 hearing set


  No offense, but I think perhaps folks should have an idea of what the h*ll they’re talking about before they go spouting off.

   

  My understanding is that Dan Noble, as a result of his commitment to Eastern, has been diagnosed with bipolar disorder.  From the reporting, this was apparently a new diagnosis for him.

   

  For those who aren’t aware, severe undiagnosed and/or untreated bipolar disorder can result in actual psychosis as well as a plethora of lesser symptoms.  Absent a diagnosis – which was apparently the case at the time of Dan’s crimes – well-meaning people desperately searching for an explanation could well “think” something like excessive caffeine might be an explanation for behavior that was completely out of character.

   

  That understandable attempt to explain the unexplainable should be left in the past when more current information is available.

   

  To me, there are at least a couple of noteworthy comments to make about this tragic situation.

   

  One:  someone in Whitman County commits two hit-and-runs where the victims, thank God, sustain non-life-threatening injuries.  He’s committed, diagnosed with bipolar disorder, and spends about 5 months incarcerated before being anticipated to post $250,000 bail.

   

  In Latah County, another man kills his pregnant wife, lies for months about it, eventually goes to jail, and gets out – just in time for Christmas – with just $200,000 bail.  The piece of sh*t eventually quasi-confesses to his dastardly deeds, and he still gets to remain foot-loose and fancy-free until his sentencing nearly a year after snuffing the life out of his pregnant wife.

   

  Two:  a longstanding judge in Whitman County seems totally ignorant about bipolar disorder.  I’m hesitant to comment too much on this aspect because I’m not overly familiar with the judge, but to demand assurances that someone with bipolar disorder will never again suffer from mania?!?!  Would that such an assurance was even possible!  With even the most compliant patients and the absolute best medication management, such an assurance is impossible, much as it is that cancer survivors will never, ever again suffer a recurrence.

   

  I can’t, however, help but wonder if the judge demands the same certainty from the repeat DUI offenders – or from the child abusers and domestic violence offenders -- that regularly appear before him.  From looking at public records, it appears not.  If I lived in Whitman County, I’d be demanding answers about why those with mental illness are held to a higher standard than criminals – with genuine free choice -- without bone fide medical conditions.

   

  And, third:  in addition to sending my best wishes to Dan’s victims, I also send my best wishes  -- along with my encouragement -- to Dan Noble and his loved ones.  Mental illness isn’t anything one would willingly “opt in.”  Treatment and control can be a long and frustrating process, but successful management is most often possible with bipolar disorder.  There may be some bumps along the way, but please don’t give up, and please know there are many in the community willing to support your efforts and sending you best wishes.

   

   

  Sincerely,

  Saundra Lund

  Moscow, ID

   

  The only thing necessary for the triumph of evil is for good people to do nothing.

  ~ Edmund Burke

   

  ***** Original material contained herein is Copyright 2010 through life plus 70 years, Saundra Lund.  Do not copy, forward, excerpt, or reproduce outside the Vision 2020 forum without the express written permission of the author.*****

   

   

  From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com] On Behalf Of Art Deco
  Sent: Saturday, April 10, 2010 11:35 AM
  To: Vision 2020
  Subject: Re: [Vision2020] Dan Noble released on $250K bond; May 5 hearing set

   

  Surprisingly, Googling "caffeine-induced psychosis" results in finding some interesting material, not all of it consistent, not all of it credible.

   

  However, less us not forget ala Aristotle:  When a crime is committed after first putting oneself into a state of ignorance (poor judgment), then two crimes have been committed, the first being putting oneself into a state of ignorance (poor judgment).

   

  I think this is good advice for judges looking at a defense attorney's claims that being drunk, then committing a crime, for example, is a mitigating circumstance.  It's not.  It's a exacerbating circumstance.  The choice to get drunk was made knowing what possible consequences there are of being in that state.

   

  It's hard to believe that any educated person would not know in this day and age that excessive doses of caffeine do affect one's judgment.

   

  This will be an interesting case to follow.

   

   

  W.

   

   

    ----- Original Message ----- 

    From: Kenneth Marcy 

    To: vision2020 at moscow.com 

    Sent: Saturday, April 10, 2010 4:58 AM

    Subject: [Vision2020] Dan Noble released on $250K bond; May 5 hearing set

     

    Driver accused of hitting 2 at WSU to post bond 

    A Moscow, Idaho man accused of injuring two Washington State 
    University students in a December hit-and-run is expected to be 
    released from jail on a $250,000 bond.

    The Associated Press
    COLFAX, Wash. —

    A Moscow, Idaho man accused of injuring two Washington State 
    University students in a December hit-and-run is expected to be 
    released from jail on a $250,000 bond.

    Daniel Noble has pleaded not guilty to two felony counts of vehicular 
    assault, two felony counts of hit and run and misdemeanor resisting 
    arrest.

    The Lewiston Tribune reports Superior Court Judge David Frazier agreed 
    Friday to release Noble on bond and set a May 5 hearing to consider a 
    motion from the defense that seeks acquittal of the charges.

    Doctors at Eastern Washington State Hospital last month declared the 
    31-year-old fit to stand trial.

    Noble's attorney, Mark Moorer, has previously told the court his 
    client was suffering from caffeine-induced psychosis brought on by 
    too much coffee and energy drinks.

    ===

    http://seattletimes.nwsource.com/html/localnews/2011571304_apidwsupedestrianshit.html 


-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20100411/d5fa8877/attachment-0001.html