In a landmark decision on June 23, 1997 the U.S. Supreme Court ruled that states can lock up criminals in mental health institutions, even after they have served their prison time. Although the ruling is ostensibly aimed at sex offenders, the case sets an enormous precedent affecting all who might find themselves the target of the criminal justice system.

    The five to four decision upheld a Kansas statute that permits the state to confine sex offenders in mental hospitals indefinitely, even after they have finished serving their entire prison sentence, and even if they are not mentally ill. The law's premise is that society must be protected from dangerous sex offenders and locking them up before they commit a crime is the best way to do it. Kansas argued that if sex offenders do not fit the higher classification of "mentally ill", they still possess a "mental abnormality" and a "personality disorder" and should be confined to a mental hospital.

    This decision from the nation's highest court has opened a Pandora's box of possibilities - and probabilities. "This law is going to spread like wildfire", Illinois attorney Lynn Branham told the Washington Post.. "This notion of 'mental abnormality' has the potential to dramatically expand the types of persons who can be confined" under a civil commitment to a mental institution.

    Few Americans realize the alarming implications that this ruling has on American jurisprudence. First of all, the Supreme Court has redefined the purpose of psychiatric detention. Confinement for the purpose of psychiatric treatment and rehabilitation is now broadened to include incarceration and punishment. Secondly, this ruling destroys the constitutional provision forbidding "double jeopardy" or punishing someone more than once for the same crime. Thirdly, it sets the precedent that someone may be incarcerated before they commit a crime, which is diametrically opposed to everything the constitution stands for.

    Most importantly, the "mentally abnormal" person is denied due process of law. Someone confined in a mental hospital under a civil commitment does not have the rights of the accused because he is not "accused" of anything under criminal law. He has merely been declared "dangerous" in a civil proceeding and committed indefinitely for his own protection and the protection of society. The state is his "guardian" and he has no right to challenge evidence or face his accusers because there are none. "This is a dramatic shift in policy in terms of our criminal justice system," Fred Berlin, founder of the Sexual Disorders Clinic at Johns Hopkins University told the Washington Post.. No longer will "individuals be held to account only for acts they have actually committed, but now also for the acts that someone else says they are going to commit." (Source: Washington Post).

    Even though the Kansas law makes provision for release after "rehabilitation" and mandates that each person committed to a mental health facility be reevaluated annually, civil libertarians remain justifiably alarmed. Public outcry over sex crimes, especially those perpetrated against children, have paved the way for public acceptance of the destruction of fundamental constitutional rights and the broadening of psychiatric incarceration in a way that is reminiscent of the former Soviet Union. Six states have laws on their books similar to the Kansas statute and 38 states urged the Supreme Court to rule as it did in the Kansas case.



    A few Americans may remember the horror stories coming out of the Soviet Union during the 70's and 80's. The Soviets used their psychiatric prisons to deal with a wide range of mental problems including "political dissent". One case gained international publicity in 1971 when dissident Andrie Sakharov sent a telegram to the Ministry of Health of the USSR announcing a hunger strike of two Soviet academicians. The telegram reads, "Fainberg and Borisov, political prisoners in the Leningrad Psychiatric Prison, have announced a hunger strike against compulsory therapeutic treatment with medications injurious to mental activity.... I ask you urgently to intervene to preserve the health [and] dignity of prisoners in the psychiatric prison."

    The health ministry investigated and found that Fainberg and Borisov were committed by court order to a psychiatric hospital where they were found to be "suffering from mental illness and mentally incompetent." Mr. Fainberg was suffering from "paranoid development of the social reforming type" which he carried over from his youth. Mr. Borisov suffered from "paranoia" and had "repeatedly undergone compulsory therapeutic connection with anti-social behavior."

    After concluding their inquiry, the health ministry officials decided some changes were needed. The report reads, "Taking into account the origin of the...refusal to eat and the limited possibilities for medical treatment, a change in the conditions to their custody...was declared advisable, having in mind more active psychotherapeutic and readapting measures, but also the exclusion of undesirable influences from the outside that would lead to the reinforcement of their paranoid precepts [visits from friends, etc.]". (Source: Library of Congress).

Shelves of drugs    People in the West knew that these two men were not "mentally abnormal" at all, but were highly respected and sane academicians whose political beliefs got them committed to a psychiatric hospital. Their intolerance of the Soviet system was diagnosed as "paranoid" and "anti-social" behavior by the Soviet psychiatrists. They were stripped of their last remnants of human dignity by the administration of mind-altering drugs and other psychotherapy. The West was outraged at this barbaric treatment of political prisoners.



    Those who have not yet made the connection between the Soviet use of psychiatric hospitals and the recent U.S. Supreme Court decision, do not understand the inroads socialism has made into the U.S. or the true nature of modern psychiatry. Humanism is the religion of socialism and psychology, in general, has its roots in both. Karl Marx, the author of the Communist Manifesto said, "Humanism is the denial of God and the total affirmation of man. Humanism is really nothing else but Marxism." The Humanist Manifesto (John Dewey et al) reads, "[We] believe that traditional theism, especially faith in the prayer-hearing God, assumed to love and care for persons, to hear and understand their prayers, and to be able to do something about them, is an unproved and outmoded faith.... [We] discover no divine purpose or providence for the human species."

    Socialists deny the existence of a personal God and His work of redemption in the soul. They believe a man's conscience must be submitted to the community, and that changes in human behavior may be achieved through proper understanding and utilization of the mind sciences by the community; hence, the logical application of psychiatric treatment to those exhibiting "anti-socialist" behavior.

    Socialists in the U.S. have been applying mass psychotherapy to the American public for some time. Their mediums of treatment are the television media and the schools, among others. They know that "group therapy" is essential in order to bring about World Socialism and the New World Order. In his book, The Impact of Science on Society, Bertrand Russell said, "I think the subject which will be of most importance politically is mass psychology....Although this science will be diligently studied, it will well be rigidly confined to the governing class. The populace will not be allowed to know how its convictions were generated."



   A socialist by the name of Harry A. Overstreet wrote in The Great Enterprise (1952), "A man may be angrily against technical aid to backward countries... and the preaching of social rather than salvational religion.... Such people may appear 'normal' ...but they are well along the road to mental illness."

    Dr. C.M. Pierce, Harvard University, said in a speech before teachers in 1973, "Every child in America entering school at the age of five is INSANE because he comes to school with certain allegiances toward our founding fathers, toward our elected officials, toward his parents, toward a belief in a supernatural being, toward the sovereignty of this nation as a separate entity. It's up to you as teachers to make all of these SICK children well, by creating the international child of the future."

    These remarks make it easy to see that socialists regard true religion and patriotism to be symptoms of mental illness, qualifying the "mentally abnormal" for ever intensifying psychotherapy until the "anti-social" tendencies are either cured or...... The book 1984 is an accurate prophesy of what's to come. "You will learn to love Big Brother."

    The recent Supreme Court decision has set the precedent and the constitutional dam has been breached. The child molestation issue was the battering ram used to bring this about. There is no limit to what courts can do now. Small incremental changes in the law every now and then will increase the number of persons who, although they have committed no crime, may be committed to a mental institution. These persons may fit the criterion of "dangerous" because of their religious or political beliefs or some other "anti-socialist" behavior. Once committed, they will be in the custody of the mind scientists who will have full control over their mind and body until they are "rehabilitated".

    As this universal horror slowly unfolds, it remains almost universally unrecognized by the short attention span that dominates our culture. There is One, however, that recognizes the direction society has taken and He says, "And I saw a beast rising out of the sea, with ... a blasphemous name upon its heads....One of its heads seemed to have a mortal wound, but its mortal wound was healed, and the whole earth followed the beast with wonder. Men ...worshiped the beast, saying, "Who is like the beast, and who can fight against it?" Rev. 13:1-4.


Related article:

U.S. Constitution Left Behind as Dragon of Control Emerges

Written 6/30/97



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