Jail's medical liability

[ZNCR]

Then why didn't the "family" send him to the hospital or convince him to go?

When someone is having a mental crisis you cannot rationalize with them. That is what preceeded the domestic violence.

 

[ZNCR]

I'm sorry, but that's not a logical conclusion. First, mental health is not something that is static; it can change over a period of even a few days or a few weeks. He might have been competent to stand trial when released but had further declined by the time the determination was made that he was incompetent.

Second, and more importantly, the purpose of jail is NOT to hold mentally ill people (although unfortunately a lot of people in jail are mentally ill, the mental illness being part of the cause that lead to them committing the crime that put them in jail). Mentally ill people have a right to bail and release from jail the same as everyone else. If the person was thought to be risk of harm to himself and others, then what should be done is have him/her committed to a mental facility for treatment. Jail is terrible for many people with mental illness; it often makes the illness worse, not better.

The bottom line is that detention in jail prior to conviction of a crime is about ensuring the person will be around for the upcoming hearings and trial, and where the person is determined to be a risk of harm to others, that is also taken into account. But simply being mentally ill alone is not a reason to keep a person in jail. Indeed, that would violate that person's rights.

More assumption that go against reality. When people are that sick they do not suddenly improve. They require therapy and treatment which jails are not equipped to properly handle.

The jail needed to send the family member to the hospital. That is what happened previously. The family member was charged with a 2nd degree felony, booked then sent to the hospital for two weeks.

 

[ZNCR]

Let me ask a question based on a set of facts that more closely aligns with your relative's case. If the inmate was extremely clumsy, but had been released and then broke his wrist five days later, would the jail have any liability?

Your example is nonsense. You are comparing an acclimated triait to a mental health crisis where the person's actions are uncharacteristic to the norm.

 

[justblue]

Your example is nonsense. You are comparing an acclimated triait to a mental health crisis where the person's actions are uncharacteristic to the norm.

Go pay an attorney to advise you.

 

[cbg]

As it is obvious that you will accept no answer but the one you want, and the answer you want is not one anyone here can truthfully give you as an absolute response, there is no point continuing the thread. Please take Blue's suggestion. Perhaps you will share facts with an attorney that will allow him to give you the answer you want. You have not done so here.