How Mental Health Warrants Could Be A Legal Way To Preventing Mass Murders

by Clinical Forensic Psychologist Dr. John Huber

Mental Gun Health
How Mental Health Warrants Could Be A Legal, Preventing Mass Murders

Austin, TX – -(Ammoland.com)- Mainstream Mental Health has identified an approach to address school and mass shooting threat concerns.

If an appropriate legal tool was in place the Florida school shooting (Valentine's Day 2018) could have been avoided. All indications are that school authorities and police involved followed current law in processing Mr. Cruz administratively through the years preceding this event.

If additional safe guards were in place this tragic event could have been avoided. Mr. Cruz posted on many social media outlets his desire to become a “Professional School Shooter”.

The main need is a mental health warrant to search and to validate the threat which has to be investigated by police. If there's evidence to support it, it has to go back to the judge, and then the judge would issue a warrant to the individual to have a Licensed Clinical Forensic Psychologist assess them primarily for potential risk of violence and other potential mental health issues. If the person refuses to comply, they can be arrested on Contempt of Court, and then the evaluation would be completed in jail.

 

Nikolas Cruz Professional School Shooter
Nikolas Cruz's Professional School Shooter comment.

This addresses the 4th amendment concern by involving the courts, and allowing a judge to name the concerns, and engage the process instead of flagrantly allowing law enforcement to trample all over the constitutional rights of individuals.

 

As you are well aware, we have a notable concern related to weapons and concurrent mental health issues. What Mainstream Mental Health, led by Dr. John Huber, have comprised, is a meaningful approach to addressing potential concerns related to threat assessments, while concurrently maintaining afforded constitutional rights. As we have repeatedly heard outcries about the power of law enforcement to prevent these heinous crimes, we believe that approaching these concerns from this aspect will help in diminishing these threats.

The way to go about this is though the following methods:

1. A Mental Health Warrant would need to be drafted by local law enforcement to investigate the potential for violence. This could be after a report was made by someone else online (i.e., threats made on YouTube comments, 4Chan, Facebook, etc.), or in the person's social circle, who has observed the threats made by the individual. This would then be reviewed and possibly approved by a judge

2. If approved by the Judge, an investigation would take place by local officials to determine the likelihood of threats, and would then report back to the courts. If no significant threat is identified, the investigation would be closed, the individual may be contacted to let them know that their actions have consequences, and to make sure they understand the implications of those actions.

If the investigation suggests the likelihood that the person in question is potentially capable of moving forward with the threats the judge would issue a subpoena and bring the individual to court.

3. If a notable threat is found, the judge could then order a risk evaluation, the individual would then have to meet with a Forensic Psychologist to assess them for being a reasonable and identifiable threat. This provision is specific, as Forensic Psychologists and are specially trained in evaluating threat assessments in a legal manner.

This could also help determine the fitness of the individual, and to identify if any reasonable concerns related to serious mental health or competency issues are present.

Professional Counselors, Marriage and Family Therapists, and Clinical Social Workers should not be sought to perform these assessments, as their approach to this level of threat assessment is not specialized enough to ensure public safety.

4. If the person refuses to comply with the order, then the judge can order that the individual is in contempt of a court order, and then the individual can be assessed while incarcerated.

This approach addresses potential 4th amendment concerns, as there would be a lawful procedure completed instead of having other outside agencies (i.e., FBI, ATF, etc.) to have to investigate, which may take significantly longer. Having local agencies address these concerns could help mitigate the FBI backlog for investigative purposes, but could also be handled by local courts to address these concerns. Of course, elevating these concerns to the FBI or other federal agencies could be determined by the County or State level agencies to make that determination.

This also would create a process that would keep the suspected individual out of the criminal courts and in civil court similar to a commitment hearing allowing for mental health intervention and placement.

About Dr. John Huber

Texas Based – Dr. John Huber (www.mainstreammentalhealth.org) is the Chairman for Mainstream Mental Health, a non-profit organization that brings lasting and positive change to the lives of individuals that suffer from mental health issues. A mental health professional for over twenty years, Dr. Huber is a Clinical Forensic Psychologist, and he is a practitioner with privileges at two long term acute care hospitals.

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    Wild BillIdadhoJohnpiperJohn Recent comment authors
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    John
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    John

    Just one more way for the government to strip us of what little rights we have left.
    The way it’s going, you won’t have to do anything wrong, and you’ll be locked up, going to court, defending your name, and end up at home (if you’re lucky) broke, lost of job, behind on rent, and your neighbors looking at you funny!

    Wild Bill
    Guest
    Wild Bill

    @John, You are correct. Thank God and the founding fathers for the Fourth Amendment. Dr. John Huber is Constitutionally wrong; seeks to change the legal standard from “probable cause” to “notable threat”; and
    pushes a theory that allows his soft science “profession” to escape its responsibilities.

    piper
    Guest
    piper

    More better… make threats – go to prison. Kill people – execution by public hanging.

    Oldshooter
    Guest
    Oldshooter

    As a retired psychologist, I think it would be interesting to know how Dr. Huber would conduct such an evaluation. While he is quite reasonably careful to say that only experienced forensic psychologists should conduct his recommended evaluations, he doesn’t mention that even those psychologists have yet to do a study with better than 40 percent accuracy in predicting who is likely to become violent in the future. Worse yet, there are not nearly enough forensic psychologists to meet the demand this legislation would create. Thus, inevitably, there will be a “need” to issue “waivers” so that other psychologists, with… Read more »

    oldvet
    Guest
    oldvet

    @Tionico…I have seen the exact same thing happen. Add In Lawyer fees and over a year to get things straightened out. Found out that after everything was cleared up that person had a limited time period to reclaim their guns . Funny thing was one Revolver that was brand new when confiscated showed it had been fired quite extensively when recovered.

    Anthony M Ramspott
    Guest
    Anthony M Ramspott

    This is not, a Gun Issue. If this person, who shot up the School Children. Wasn’t allowed to get a Gun. He would have found another way to kill or harm the students, or other people. The Warning Signs were ignored, by our Society. The loss of Seventeen Young people is Tragic, for them, their Families, Friends, and our Country, and the rest of the World.

    How, can these tragedies, be avoided,is the issue?

    What, has changed, in our Society?

    Idadho
    Guest
    Idadho

    Anybody ever try to teach you about punctuation and capitalization? Trying to read your comment with all the chaotic punctuation is quite a challenge. I use the Oxford comma. What do you call all of your commas?

    John
    Guest
    John

    Are, you, shitting, me,?
    Makes it a challenge to read, yet you are an expert on comma’s
    You’re not grading a paper, you’re reading an opinion.
    Try to overcome your reading challenge, and study the opinion

    Idadho
    Guest
    Idadho

    The opinion is easier to study if written properly. This is not a gun Issue. If this person who shot up the School Children wasn’t allowed to get a gun, he would have found another way to kill or harm the students or other people. The warning signs were ignored by our society. The loss of seventeen young people is tragic for them, their families, friends, and our country, and the rest of the World. How can these tragedies be avoided is the issue? What has changed in our Society? Writing an opinion is not rocket science. Are those misplaced… Read more »

    bucksnort
    Guest
    bucksnort

    Any former military member who is receiving VA money for PTSD should be barred from owning a firearm as those who have PTSD are prone to violence.

    Mike Ross
    Guest
    Mike Ross

    BS. PTSD does not make anyone prone to violence. You are discriminating against veterans and repeating a harmful stereotype.

    Wild Bill
    Guest
    Wild Bill

    @MR, he is an obvious troll diversion. Better to spend your time pressuring your president, your senators, and your congressman.

    javit
    Guest
    javit

    If I’m not mistaken, it was a military vet with PTSD who turned his weapon on and killed American Sniper/Navy Seal Chris Kyle, the guy who was trying to help him recover.
    -javit

    Idadho
    Guest
    Idadho

    Yes, Chris Kyle was killed by a vet with PTSD but thousands with PTSD are not killing people other than themselves. We had a vet go off the reservation delusionally thinking the neighbor stole his dog and attacked their front door while holding an AR. The cops showed up and had a shoot out with him. He sought cover and was able to stay protected from the cops fire. Eventually, they stopped trying to kill him and were able to take him into custody. He did his time and now runs a program that helps vets with PTSD. My daughter… Read more »

    SuperG
    Guest
    SuperG

    I think my way is a lot simpler. Each police department should maintain an on-call panel of three psychiatrists, and if the police suspect someone of being mentally ill, that person is brought before the panel and they makes the assessment for a mandatory evaluation.

    joe martin
    Guest
    joe martin

    The problem is who decides who should be investigated and a warrant issued. Psychology and the Law can’t even come up with a common definition for “Insanity”, much less at what level a person becomes unstable and dangerous. The mental health industry, and it is an industry/business, is the same industry that determined that male children exhibiting typical male behavior in school are manifesting a mental condition (ADHD) and should be given Ritalin, which is nothing more than a politically correct solution to a condition/ailment, that doesn’t exist. The courts making a determination on the mental condition of a person… Read more »

    Infidel762X51
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    Infidel762X51

    PA has their own version of the Baker act, a 302 commitment. The problem is they know exactly what to say to the doctor and are often back on the street before the committing officers can finish the paperwork. Other states probably have a similar 72 hour commitment but they won’t be held for 72 hours if they now how to answer.

    Pepe
    Guest
    Pepe

    Florida has the Baker Act to commit people if friends or family think they are a danger to themselves or others. This was a failure of epic proportions with the local police called out to his home over 30 times, the school board was called over 20 times and warned about his behavior, even the FBI was called 3 times by his friend to warn about his intent to shoot up the school. Everything was done to prevent this except for action by the authorities. They knew all about this guy and did nothing, so what makes you think putting… Read more »

    Tionico
    Guest
    Tionico

    Yup… when the shots are called by local LE, there are always the creeps that will call in some stupid thing (he;s got a pitcher of his self with a g g g GGGUNNNN right there on Facebook!!!!!! DO SOMETHING before those pixels jump off my screen and KILL ME. SWATTING is already a thing… and is almost never prosecuted for the crime that it is. If I can call my lccal LE and report Charlie has a pic of himself with his new big shiney revolver on Facebook, and the local gendarmerie take decisive action against him, I’ve used… Read more »