In 1998 Michael L. Perlin from New York Law wrote an editorial called “There ‘s No Success Like Failure & Failure ‘s No Success at All: Exposing the Pretextuality of Kansas
v. Hendricks”, and this will be the focus of today’s broadcast.
While most of this broadcast is reading over this article, Joshua ads commentary to it as he reads this very detailed look at the history of civil commitment laws here in the United States.
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Joshua T Berglan 0:00
Hey, what’s up everybody? This is Joshua, the world’s Mayor so blessed to see you all today. I am going to do a new broadcast today, obviously, because I’m here behind a mic talking right now, but this is actually a follow up from the last broadcast. That crapped up, it was the broadcast that we were talking about civil commitments. And we’re reading an article from Barbara, who has been investigating the absolute horrors of, I didn’t say whore horrors, which sounds the same coming from me for some reason, horrors, the frightening aspects of civil commitment, the civil commitment laws that are breaking every law, known demand, and one of the biggest ones is double jeopardy. But there’s so much more. I mean, the more I talked to people from around the country, in fact, even though that last broadcast, about 45 minutes in just became scrambled, just chaos noise, and you couldn’t make out any word, the first 45 minutes of it evidently, like struck a nerve with some people. I want to make this clear, I never in my wildest dreams that I would be going down this avenue of talking about civil commitment laws, because frankly, I’d never even heard of it. Until I met a man named Tom on Twitter. And this last year has been very, very wild. And I have learned quite a bit I’ve learned enough to know that what’s happening behind these walls of the I think it’s 20 states that have civil commitment laws, and I could be messing that up, because there’s a lot of facts, figures and numbers that I’m reading every day that are starting to blend together a bit. But here’s what I know. There’s this the civil commitment laws have to end. And, yeah, I know there’s guilty people, there’s people that have been sex offenders that have shown no remorse, no desire to get well, and they want to continue to do evil. Maybe they, you know, they belong maybe in a special place. But from everything I’m learning about these hospitals, slash shadow prisons, they’ve got to end there’s a lot of innocent lives that are being run. There’s people that are not getting access to appropriate health care. And, frankly, these laws are unconstitutional. And I’m not a constitutional expert. So that’s why a lot of the opinions I have I’m trying to refrain from giving, because at this point, I’ve gotten to know a lot of the men a lot. That’s an exaggeration. It’s not true. I’ve gotten to know a few of the men behind bars, and I’ve gotten to know their families too. And and then also someone outside and their stories are all matching up. I mean, obviously, give or take a few. What do you call it over indulgence over indulgences of truth? I mean, I’m sure there’s some of that. But for the most part, a lot of the stories are matching up enough for me to go. Okay, there’s a problem here. So I want to do my part. Look, I believe this is what I believe and no one’s told me to say this, and I don’t even know that it’s 100% accurate. But what I believe from what I’ve seen is that the people that are behind the civil commitment laws are also the same people that are kind of allowing to CPS crimes to happen, the foster care abuses, the trafficking that is going on. I think it all ties back to the same people. Sex offenders, human trafficking, CPS, it doesn’t sound like it connects. But the more that I’m seeing, the more I’m realizing that I think this all leads to the same head of the snake. And I don’t know it for a fact, but it just feels that way.
Joshua T Berglan 4:08
And there’s obviously some type of cover up going on. And I know it sounds woowoo conspiracy little bit wild. But the more I learn, the more that I can’t ignore it. And today, because again, not I don’t want to read I’m not going to read Barbara’s article again, but I found something from an attorney that is worth leaving, reading. It’s an article Michael L. Perlin from New York Law School. He wrote this I don’t even know the exact date, but he’s from New York Law School looks like 1998 was when this was written. And so I want to read some of it’s 30 pages long. I’m not going to go into all of it, but I’m gonna read you from his perspective, what he’s thinking and the main reason why I want to read until I get more guests on to talk about this as I want to deal in fact x and I want to deal and use more educated people on the subject of words, to inform you. Because the one thing that I know is that most of the public has never even heard of 90% of what these articles are talking about. I was at a Minnesota Vikings football game yesterday. And I was blessed to get invited to go by my neighbor, and just speaking with them. And you know, there’s a group of seven of us. And there wasn’t a single person that had even heard of any of these institutions, even the civil commitment laws. And a lot of the things that come with it, they were just like, it was like I was speaking a foreign language to them. And that’s alarming. And it’s alarming, because there’s a lot of injustices that are happening right underneath our noses that most of us don’t even know about. And if we did, I think they’re crazy enough or big enough in justices that maybe people would get motivated to fight or not, like with weapons? Well, I mean, I guess if it came to that, but I’m not suggesting violence. What I actually am suggesting is that or I’m hoping, is to inspire a desire and an relentless desire to find out the truth about what’s going on, because I believe that uncovering this truth will uncover many other truths. And that’s part of why I’m doing it. But the other part of why I feel led to go down this path to talk about civil commitment laws and other injustices for that matter.
Joshua T Berglan 6:49
Is because people make mistakes. And repentant people who make mistakes, tend to do the work so that they don’t make the mistake again. And the legal system is there to keep us safe. Yes. And they’re in there for there to be consequences for, you know, actions that are not appropriate. But the laws are there also to go, okay, so if you get busted with cocaine, like this is going to be your charge if you get busted with weed. Or if you abuse someone, this is the consequence. If you inappropriately touch somebody, whether they’re above age or not, there’s consequences. But when people fulfill their obligation to the consequences, and then are unjustly thrown back in to a shadow prison, there’s a problem there. And so, without giving too much more of my commentary, I just want to say, if you continue watching, and I hope you do, I pray that you have an open mind and an open heart. And, and I hope that maybe you learn something, you learn enough that you’re willing to join this fight. Because it’s not so much about protecting sex offenders. It’s not about protecting anyone, except for protecting what’s right, and doing the right thing. And it’s also about freeing innocent people. And it’s also about holding our government accountable for the very rules that they set. It’s not like our government, by the way, follows the rules that they make. It’s not like they actually follow the Constitution. They just change it whenever they want. So with that said, I mean, why even fight? Because if they can just keep changing the rules as they please or they don’t, they can ignore the rules. What are we fighting against? Well, I believe that if we want change, we can’t sit back and wait for someone else to do it. We have to do it, we have to be the change. And while I’m not favoring any particular person, and in this fight, I’m not. I am wanting to deliver the truth. And there’s some serious injustice is happening. They’ve got to stop. Because the thing is, that while other people can go well, I’m not a sex offender. I’ve got nothing to worry about. Well, there’s people that aren’t sex offenders that are locked in these very prisons, for crap that you do every day, and don’t even think twice about. It’s pretty scary. So, without further ado, we’ll get into Michael’s article. After this
Unknown Speaker 10:14
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Joshua T Berglan 11:27
I love that video so much. Because every time it reminds me well give you some context here. Hold on, let me see if I can find it. Well, I don’t have that picture up dad gummit Well, let me show you this. So this guy right here and the suit and tie. That’s me, obviously. I wanted to be a talk show host my whole life. Like, that’s what I wanted to do that and well be a QVC hosts too, because for some reason, talking about products really excites me. But this is like a dream for me. And I grew up listening to talk shows and watching talk shows and infomercials. And this is all I ever wanted to do. And so getting this opportunity is a huge blessing for me. I was influenced by shock jocks, of course, that I never thought I would become one for Jesus. But then I also never thought I’d be covering these subjects. And because when I initially had the dream, like I wanted to be a famous talk show host like Howard Stern, wanted to speak all over the world. But I also wanted to help people too. And, you know, it’s funny, when God gets a hold of you, changes your heart a little bit, or a lot. And then things change. And then I want it to be a voice for the voiceless, and then elevate other voices for the voiceless. And I’m proud of the work that we do at the live mana worldwide foundation in this network. And our mission. I mean, our goal was just to serve and you know, not sell things not sell services, but just be a service. And whether it’s you know, to people that have been Kim sex addicts, like me and abusers and abused and mentally unique and all that stuff, like Yeah, I wanted to help. And, and I wanted to share my testimony and like what God has done for me and what he’s doing for me and how he’s working through me to turn me a life away from the life that I lived. So I mean it yes, we’re a ministry. We’re a nonprofit media organization, we’re broadcasting network. But again, like when I was doing this, I was thinking we’d be able to help millions of people all over the world. That’s what I wanted to do. I wanted to have that big of an impact. And yet the path that we’ve been led down is a path that well, it’s not we don’t cover popular subjects, talking about CPS crime and telling those stories and anti human being, you know, a part of the anti human trafficking movement and having former trafficking victims on and, and dealing with that and then that crossing over to the just some of the hidden evils in this world. It’s because it’s where we felt led to go and now we’re here working with forgotten is that the right word? The forgotten the people that have been thrown away in the shadow prisons to rot, to not get proper medical treatment to not get love, to not be given hope. Like I serve a God and look I know some of the people that are watching this that are going to be watching this specifically don’t want to hear about God. Well, you don’t get to tell me what I get to talk about. I get pissed off one of the prisoners for talking about God had another guy that was trying to help one of the prisoners that I was trying to help, who got mad and just quit talking to me. Because I talked about God, why can’t help talking about God, because I wouldn’t be here without him. And this mission that he’s put on my heart to do, is affected everything that I do. It’s affect it affects my marriage, it affects my family life, it affects my friendships, it affects my professional life. But this is what I’m called to do. And so that video to circle back to why I started this rant, is that leaving the 99 for the one? Why look at the people that are stuck in the shadow prisons, I look at the abused and the neglected. I look at the people that have been taken advantage of. I look at the people that have been passed over for opportunity because they didn’t want to compromise their integrity. I look at them as the one I wanted somebody to leave the 99 for me. So now you know I kind of look at this as that’s a reminder that I’m not here for the masses.
Joshua T Berglan 16:26
And in mind, you the ego side of me wants popularity and wants fame and I want to do a world tour, I want to do my own version of The Tonight Show I want to do all those things. But if this is my calling, then so be it. I’m happy, and I’m here for all of you. And anything that we can do to help elevate or amplify your voice, your mission, your passion, your purpose, help you take your mess of a story and turn it into something that can help others. We’re here for you. We are solely dependent on your generosity. We do a horrible job of asking for donations, but we need those to keep going. We are blessed today in a way that allows us to keep going for a few you know a little bit longer. And but we need it. But we are here to serve and we are here to use every one of our resources to be of benefit to you. I’m not trying to turn this into a telemarketing call. So I’m gonna be quiet. But we need your support. You can do so here. You can scan that. Or you can just go to live mana.org or live Mana worldwide.org Either one and go to the sell button. And we’re right there. To your benefit your Your support helps us keep going but I want you to understand this is not so much about being shocking. But the truth is shocking. The truth is crazy enough on its own clicked. Like I it’s so funny about being a shock jock because you know, it was all about boob and fart jokes and penis jokes and whatever else, like just debauchery and mayhem. Like that was what was a shock jock before. But honestly, the most shocking thing in this universe right now is truth. You want to make somebody uncomfortable, tell the truth. So that’s what we’re here for, is to deliver the truth and it may make you uncomfortable. In my opinion, sometimes can make people uncomfortable, but I want to do a better job of sticking to the facts so that you can make up your own mind. But what I hope to do is to inspire you to join the fight of any of the injustices that we cover. Sermon over, let’s get into Michael’s article. There is no success, like failure and failure is no success at all. Exposing the PIR protects to quality, pre text duality of Kansas, verse Hendricks. Here’s that case again. So this is Michael, this is an introduction, actually. Do I want to do that? Yeah, I’ve spent my entire legal career thinking about the insanity defense. I have represented defendants who pled insanity both successfully and unsuccessfully and those who were institutionalized after a successful insanity plea. I have talked about the insanity defense have spoken about it endlessly and have written about it perhaps more endlessly. The most of the recent writing and thinking has been devoted to my seeking answers to the question that I am convinced beyond doubt lies at the base of the insanity defense debate. Why do we feel the way we do about those people? Why are we so beholden to myths to stereotypes to make evil come concepts of good and bad of mental illness and sin. Why has the population? Why has this population been seen as the most despised group of individuals in society? Guess what we’re talking about? I believe that I have made some modest headway in answering some of these questions. My belief is supported by the way the media seems in the wake of the Unabomber case, to be understanding some of the fundamental issues in ways that promise the possibility of new insight into this population, and perhaps some coherent answers to the question I have posed. On the other hand, on the other hand, I realize that this is a kind of I’m coughing because I can’t pronounce that.
Joshua T Berglan 20:53
And I have an itch in my throat. Trump a ole illusion, I don’t know what that says, Forgive me. If we are no longer focusing on the insanity defendants as the most despised group in society, it is more likely that there’s a new universe of monsters replacing them in our demonology sex offenders, known variously as mentally disordered sex offenders, or sexually violent predators, the ultimate other, the 1994 murder of Megan Konka, within miles of my home, and this subsequent flurry of Megan’s Law type legislation has focused the public’s attention and enmity of this category of criminal defendant. The sex offender, especially the ones who preys on strangers, children, has become the lightning rod for our fears, our hatreds, and our punitive urges, legislation passes within days of introduction and without debate, statutes are quickly upheld. And we feel somehow that we are doing something to combat the most nightmarish, least understandable and least excusable criminal behavior. What we are doing is ominously returning to the days of what many of us had thought was the less than enlightened or thus discarded past blows up a little bit. Kansas first Hendricks returns us to this past and does so with vengeance for Hendricks and upholding a state law sanctioning long term institutionalization of sexually violent predators is not simply in my mind, a constitutionally indefensible and intellectually muddled opinion. It is also pre textual opinion, mental disability law is permeated by a kind of mirror atrocious, pre textuality that is often driven a contextual and amoral. The Hendricks case reflects this pre textuality and in doing so reveals to us much of what is wrong with the development of mental disability law, jurists predict prejudice, Jury prejudice. Boy, I wish I had a higher vocabulary to read this attorneys letter. It is this theme upon which I will focus in this article. Okay. So I gotta give some opinion here really quick. Feel that that is necessary. Here’s why.
Joshua T Berglan 23:32
We, we’re like as a society, we have a moral there’s a moral decay in our society. Like, first of all, as being a former Chem sex addict and you know, in recover always, because you gave me meth or cocaine right now, I don’t know what would happen. So like, I’m not freeing myself from all that yet. I don’t engage in that behavior anymore. But the fact is this as a chem sex addict, well, sex was a trigger. Sometimes drugs are a trigger. And we can’t escape porn now. It’s everywhere. Every channel, every channel. It’s all over social media. It’s like you can’t avoid it. The way people dress now. It’s like putting the movies in your face or whatever turns you on. Like their people dress to feature as I say that with my chest hair open. I don’t know who gets attracted to chest hair. But anyway, maybe that’s a fetish. I don’t know. But there’s a moral decay and decline. And I’m all for people’s freedom to express themselves in ways that don’t hurt or impose on other people like even beliefs like I know some people don’t like me talking about God. But this is a faith based show you don’t have to come here. Yeah, a faith based show that covers topics like this. Well, I’m having a swinger on Wednesday. Not that I want to date these shows. But this week and two days from now, I’m interviewing somebody in an open relationship, a swinger to talk about it. Why? Well, I got my reasons. That doesn’t matter. But I want to elevate other people’s stories, I want to share these stories, because I feel that they matter. But I’m also going to do it in a way that I feel led to. So I got to talk about God. And we’ve gotten further away from God and what I believe God wants us to do. And the biggest evidence of any of that is our lack of identity. No one really understands or knows who they are, to who they know who their power is. And then simply, the proof of that is with all of the labels that are given that we give ourselves I’m have D ID, I have this I have that on my sexuality is labeled this and there’s just like a label for everything. And with every one of those labels, comes a box that you’re stuck in. I’m stuck in the box of these labels, but we’re doing it to ourselves. And then on top of that, we’ve got this media driven narrative that is kind of helping us put us in these boxes, they’re getting us to take stands on issues that really we don’t have the full context of. Are you vaccinated? Are you not? Well, that’s enough, right there that that’s destroyed families. And the truth is, the arguments that people make for either or, to be honest, how do you know it’s even true? How do you know it’s true? Like, because that’s what the news told you? Then that’s a problem. Because now we’re just taking other people’s opinions and making them facts. And so with that, we don’t even know what we really believe anymore. So I want to I mean, yeah, I guess it is my opinion that there is a moral decay in America, but I mean, I can art or even in the world, but it’s what I can see with my own eyes. And the other thing I’m getting at is, look, I know the damage that comes from being molested, and abused, or even having your sexual innocence taken at an early age, regardless of the the age of the person that does it, it changes you. It rewires your brain. And then you add physical abuse, verbal abuse on top of it. It’s not that hard to inflict trauma on people. I mean, we’ve all collectively as a as a whole have experienced trauma for the last few years. Especially if you’re watching TV or listening to the radio or heck, even watching a sports game. You can’t even watch SportsCenter without someone giving you an opinion that you if you don’t believe this, then you’re the enemy. No one wants to feel that way. Because in the end, we all believe what we believe for a reason.
Joshua T Berglan 28:30
And now what does that have to do with sex offenders? Well, to me this is like causing the problem and then ignoring it. We’ve taught men to not be honest, we’re not honest about what we want. Like say we’re in a regular relationship. We’re not honest about what we want sexually. We’re not honest about who we are in the relationship. Most of us don’t even know who we are before we get into relationships. That’s not That’s not how you have a successful relationship. Identity is everything. And so we are not taking care of abuse kids the way we should. Monsters are being created because victims don’t have a voice and they don’t feel like they have a voice. Therefore, by not talking about the pain, the struggle, the hurt, the fear that they’re experiencing. That’s internalized and then it gets stuffed. What does it get stuffed with? Well, I stuffed mine with sex and drugs, and drugs and sex. Not everybody does that. Some people do it with anger. Some people do it with gambling. Some people do it with just sex. Some people do it with drugs. Some people do it with alcohol. There’s a lot of different things. But the fact is, there’s not a safe place for abuse kids to go. Because I don’t believe for a second that anyone that locked up in one of these shadow prisons wasn’t abused themselves. The whole way I for, like, began to turn my life around was the it was forgiving my father. How do I forgive my father? Because I realized that I was angry at him for all the bad stuff he did. I realized that he learned it from somewhere, because it happened to him too. And then I realized, Oh, I’ve become just as bad. No, no, that’s not true. I’ve become worse than him. And I’ve spent all this time hating him and judging him. When really, it was no different. Again, worse, probably pretty confident I was worse. So where’s the compassion. And it’s easy to look at somebody and go out their kid touch or let them die. The mind is a weird thing. You know, getting to work with a lot of former trafficking victims and people that are actually currently in that industry in that world that I’ve become friends with over the years. You learn a lot about people secret things. I know somebody that likes to be handcuffed to a toilet and beaten by a woman and told that he is a just a miserable human. That’s what he gets off on. He’s also gay, but he wants a woman to handcuff him and beat him. People that like to be peed on. I’m not saying any of this to be triggering. I’m just saying our minds when it comes to sex and our perversions and the weird stuff. Like I don’t know how you explain it. I don’t like my own stuff is freaking weird, which I’ve talked openly about over and over again. Like it doesn’t even make sense sometimes. So it’s easy to sit and judge and point at people and call them monsters. But honestly, if we looked at other people, some are like, Okay, well, what’s your sin? And you compare them? It’s like, how do you really to both pretty screwed up? Pretty evil. So I think that we got to do a better job of getting resources to people. Especially when they’re younger, we’ve got to create a safe place for the abused to go and talk, especially men. I think it’s more men turn into monsters through abuse than women do, but abused women, you know, have their own struggles. But also, if these hospitals because when you think of hospital, you think of treatment, you think of care, you think of rehabilitation, at least I would hope or the these shadow prisons, are these treatment facilities. Are they really treating or helping everything I’ve learned no. And I believe and I know that God doesn’t always exist in the field of psychiatry, or psychology. But I really believe that God can cure and heal anyone, especially of the traumas of our past.
Joshua T Berglan 33:28
But if we’re not giving people a fair shot at that a fair opportunity to get the proper treatment, that proper care. What’s the point of even keeping them alive? Well, I mean, there’s a lot of money involved for every one of these people that stay alive. A lot of money to certain people. Maybe that’s why, but I’ll let you decide for yourself. Okay, done ranting sorry. The United States Supreme Court’s decision and Hendrix is a confused and confusing opinion. Yet, if the public were to be polled, I am confident that an overwhelming majority of American citizens would endorse the court’s decision upholding the statutes constitutionality, and express puzzlement and outrage. The law professors, psychiatrists and other scholars could even question the rationale of the opinion or worry about its potential constitutional implications. And that dissonance, the distance that we as professors are now removed from our fellow citizens, gives me some pause. No matter how counter majoritarian. I would like my Supreme Court to be and I often want it to be very counter majoritarian. I fear that the tensile strength of our system is always in pain. Errol, if judicial declarations are simply too far removed from any kind of public political consciousness. Having said this, however, I’m convinced that the Hendricks decision is a bad decision. It is a bad law, bad social policy in bad mental health, it is a case of degraded status. It is also as of I as I have said, an extraordinarily pretextual decision. It is in this pre texturally that requires some further consideration. My article will proceed in this manner. First, I will briefly discuss the historical roots that led to us to the world in which Hendrix could be litigated, then I will explain what I mean by pre sexuality. And we’ll show how pre sexuality permeates all mental disability law. Next, I will briefly discuss the Hendricks case, and then focus on the aspects that I find most troubling anyway, so we’ll go here to prior to the 1970s, most states had enacted statutes providing for the commitment of sexual offenders. These laws provided for indefinite potentially lifetime institutional institutionalization, for those who were classified as a repetitive and compulsive sex offenders, and were commonly seen as appropriate use of police power. These laws were are also premised on the therapeutic basis. They assumed that mental health professionals could make accurate predictions about an offender’s future behavior, and that some numbers of offenders might be treatable. By 1970. There are sex offender laws in 60% of all American jurisdictions, trusting a psychotherapist to tell the truth or to know really, the facts about what’s going on at somebody is in itself nutty. Think about how many people are misdiagnosed. There’s, there’s half the population of the field of psychiatry that doesn’t believe that disassociative identity disorder is a real thing, aka multiple personality disorder. They don’t believe it’s real. They don’t even consider it to be a thing yet, talk to somebody with it. meet somebody with it. Watch it before your eyes, you would have a hard time not believing. I live with it. I know. in mind you I’ve healed that because I do the work. I see. Okay, you can still see it though. Like I’m not like I was, but it’s still there. But the problem is because of the misdiagnosis. There’s people that are given schizophrenia medication for it. What do you think that does? It makes it worse bipolar medication and makes it worse. depression medication makes it worse. For that matter, even ADHD medication makes it worse. So to act like they know is bullcrap. In fact, you can go to the museum psychiatry of death in Los Angeles, and just go through and like learn the history of psychiatry learn the mission statement of the psychiatric field. They weren’t exactly trying to heal people.
Joshua T Berglan 38:18
I know that sounds wild, because you think medicine, American Medical Association would care about us feel the psychiatry would care about our mental health? Like, what’s the point? Why would you know, it’s really not. And I brought this up, I think in the last broadcast, I did, but you know, they talk about all this medication that’s out there, and that’s going to cure you. But then when they under there, they give that under their breath, side effect warnings that lasts longer than all the pros. Like they’re talking about how this will save your life. But then in the sub context of what they’re saying. They’re like, this could cause death. loss of limbs, your testicles swell up bigger than your head. Like your side effect this elephantitis I mean, but yet it’s gonna save your life. Why is every medication created have a side effect to it? That may be worse than the condition you’re trying to treat. So you can’t tell me that the pharmaceutical industry, which is attached to the medical industry, gives a crap. I’m sorry. Like, as a whole? I know. Yeah. It’s helped some people and help some people get an erection at 80 years old, but I like come on. For them to have sex long enough to get more STDs that need more money to be retreated. I mean, that makes sense why you’d want 88 year old people to get boners sorry, getting off track. Like this is the book of funds, the American Medical Association, the Rockefeller Foundation, like this is these are not the people on your team. So to trust this, they call it practicing medicine for a reason. It’s because they don’t I have all the answers. They’re practicing on you, and you willingly do it. I believe that God created like the everything around us, that God created. The cure is their nature is our medicine. I believe it with all my heart, call me a woowoo weirdo, I don’t care. But there’s a reason why bio availability in supplements matter, because your body will recognize it and use it. But when you put something synthetic in your body, it’ll trick your body into thinking that it’s made enough. Anyway, that’s I could go on for our broadcast about that, because that’s actually where one of my expertise is, is but the fact is just trusting that these therapists are going to make the right decision are going to trust that they actually know somebody that is like they can predict a crime. To trust that, when they’re still practicing medicine, they don’t always get the prescriptions right. If they can’t get the prescriptions right, what makes you think they can get the diagnosis right.
Joshua T Berglan 41:10
However, by the time that the Supreme Court civil rights revolution reached mental disability law, psychiatrist and lawyers were both beginning to challenge the assumption that sex offenders were both mentally ill and treatable, influential, influential professional organizations advocated the repeal of such statutes because of the dubious, theoretical, empirical relationship between a specific mental disability and sexual violent tendencies, after the Supreme cruel court ruled that sex offenders could not be committed to a treatment facility until they were found guilty at a hearing with full procedural protections of having committed the an incident. criminal acts, sex offender statutes Bell and disfavor. Many states began to repeal these laws. This trend was sharply reversed. However, 1990 when the state of Washington responding to a particularly heinous murder, revamped and resurrected its sex offender involuntary commitment system. Other states followed quickly, many in the wake of New Jersey’s enactment of Megan’s Law. By 1997, Justin Breyer was able to locate at least 17 states with some kind of modern sex offender statute. All of these statutes are based on legislative desire to protect the public from a group of offenders that is widely despised criminals who sexually abused and molest young children. They differ in content, but share certain elements. And each case the state must prove by quantum of either beyond reasonable doubt, or clear and convincing evidence, a history of violent acts, a current mental disorder abnormally the likelihood of future sexually harmful acts, and a nexus between all of the first three elements. And most of the statutes, commitment is indefinite, and the release is allowed when it is shown that the offender is no longer dangerous by reason of a mental disorder. Kansas enacted the sexually violent predator act in 1994, as a means of seeking the institutionalization of that small but extremely dangerous group of sexually violent predators who do not have a mental disease or defect that renders them appropriate for involuntary treatment pursuant to the general and voluntary civil commitment statue a lot of tongue twisters in this. At least for people that have my vocabulary, it established a separate commitment process for the long term care and treatment of the sexually violent predator stet surely defined as any person who has been convicted or charged with a sexually violent offense, and who suffers from mental abnormality or personality disorder, which makes the person likely to engage in the predatory acts of sexual violence. It is this statute that was challenged in the Hendricks case. My thesis is simple. The entire relationship between the legal process and mentally disabled litigants is often pretextual. By pre textuality I mean simply that court accepts either implicitly or explicitly testimonial, dishonesty and engage similarly in dishonest decision making. This pre textuality is poisonous. It infects all those involved in the legal process breeds cynicism and disrespect for the law, demeans participants reinforces shoddy law rain invites them Place judging and at times promotes purchase and corrupt testifying. I know that to be the case with a few of the cases that I’ve gotten to know. It’s wild. And even when the person says comes out later and says, I lied, that’s ignored. Well, we’ve already found them guilty is what said, and that’s actually in Hendricks case. Like, what the Hendricks James Hendricks, who I’ve had I interviewed, actually didn’t really interview I’ll let him talk. And I only asked him a couple questions. But that’s what happened with him. Like I talked to his brothers brothers even seen the letter that was written from the victim that said, James Hendrix, did all those things to him. So basically, what you’re getting out here, or what we’re getting out here is that you can be accused of something with no proof and be locked away in one of these prisons.
Joshua T Berglan 46:07
And yeah, I’m sensitive to this, because I’ve been wrongly, I’ve done a lot of bad stuff. But I was wrongly accused of rape. And if I, if it wouldn’t have been for the people on the ski trip, I was with videotaping what was going on. There’s no telling what would have happen. None. It’s scary, man. I mean, like, I see stuff with Generation Z, or whatever the I don’t know what generation we’re on now. But see stuff, you know, people talking about making their sexual partners sign consent forms before sex. Because there’s that much fear of being wrongly accused. And that’s a look. And the problem is, too is that there’s people that are wrongly accused, and then there’s people that should be accused, or should be, you know, have be reported, that aren’t. It’s like, it’s like this double edged sword. That doesn’t even make sense. Because in the end, well, I mean, I know what would fix it truth, just being honest. Being honest, helps. But when people live in fear, they’re not exactly willing to be honest. And that could be saying, I was raped, or I raped that person.
Joshua T Berglan 47:39
Truth always wins. Truth eventually will come out.
Joshua T Berglan 47:48
And I and I, I bet my whole life on that. So the people that are getting away with the deceit and the lies, the manipulation, the gaslighting, the narcissism and gross mass media level. Yeah, eventually that truth will come out. The truth of the real evil in this world will eventually come out. But the people that have been wrongly convicted and wronged their truth will come out to I believe, with all my heart that there’s freedom coming to the people that are illegally withheld from freedom. And the people that are stealing freedom, their day and time will come. I believe it with all my heart, and I want to make it clear, I’m not supporting people that I don’t support evil. But I’ve been evil, and God changed my heart. And in for the people that are locked up in these prisons, hospitals, that God can change them to I know other offenders. I think I brought this up before but I’ve had a woman on my broadcast, actually, two sisters on a few of our broadcast a few different times that their father was a sex offender. And God changed him. And he did the Lord’s work until he died. It can happen but you got to have the resources. You got to get the right help. And I’m not an admin, it all starts with truth. But it all starts with truth. So let’s see. The reality is well known to frequent consumers of judicial services in this area to mental health advocates and other public defender Legal Aid and legal service lawyers assigned I represent patients and mentally disabled Crim criminal defendants to prosecutors and state attorneys assigned to represent hospitals to judges who regularly hear cases to expert expert and lay witnesses and most importantly to the mentally disabled person involved in the litigation in question.
Joshua T Berglan 50:19
Pre textuality helps create a system that accepts dishonest testimony unthinkingly regularly subvert statutory and case law standards and raises insurmountable barriers that ensure the allegedly therapeutically correct social outcome and avoidance of the worst case disaster fantasy, the false negative. In short, the mental disability law system often deprives individuals of liberty, disingenuously and for reasons that have no relationship to case law or statutes. Okay, so I’m gonna read this last part and then skip this aspect of the mental disability law system is astonishingly under considered by advocates, scholars and professional associations alike. Examining the way moral experts testify in Santas courts promotes better understanding of the extent of the prevailing pretext. This understanding will encourage new strategies for control for confronting the underlying by cases, creating a new structure and developing a new research agenda through which these issues can be examined openly. How did this pre textuality come to infect the legal system? The law prides itself on its fairness and its inherent sense of rationality. The legal trial process presupposes an uncertain double truth, as for basis for testimony, and severe sanctions are imposed for the commission of perjury, psychiatric and psychology and turn, reject notions of a unitary concept of reason, pointing out that the range of human behavior is infinite, and the unconscious variables and processes, conflicts, anxieties, and defenses are frequently the primary cause of behavior. Mental health professionals also counsel practitioners not to impose their sense of morality on patients, or clients, nor to employ their or their authority is in dealing with such clients. Where these two systems intersect something strange happens, perhaps because of the substantial gulf between scientific and legal discourse, perhaps because of the different training received by mental health professionals. And lawyers, perhaps because of the public’s radically different perceptions of the substance of law and mental health professions. Those who are involved in both professional arenas must consider the way that these internal and inherent differences, create tensions that have a measurable effect on what happens when these cultures collide, especially in the forensic, forensic mental disability system. The melt up so there’s disciples in the mental health field, there’s people that believe in like they, they’re, they’re Freud, Freud, deist, or whatever you call them, that believe in his teachings and his principles. Well, how much do you know about Freud? There’s a lot going on there. You know, I mean, there’s a lot of different disciplines in psychiatry, but they’re completely different belief systems. Like I was saying, like, there’s half of the psychiatrist I know, that don’t believe in di D, dissociative identity disorder, and the other half absolutely do. And there are studies that prove that the treatments can work some of them. So what is it? So if you can’t agree there, we got a problem. But what do we really degree agree on to begin with? I mean, there’s a lot of conflicting information in any field of study, religion, even even the same, the thing about all the sects within one religion, Christianity, well, within Christianity, there’s like, how many different belief systems? So, I mean, not that this should be a surprise, but to take anything as a matter of fact. That’s why I want to be as objective as I can with this. Because just taking anything as the gospel, the facts, Well, where did you get your facts from? Who funded that research and that study or whatever? This is not a black and white issue. All right, let me see. I’m gonna scan through this really quick. There’s 30 pages. I’m gonna put this in the media kit so you can see all of it.
Joshua T Berglan 54:55
Much of what lawyers say about forensic testimony is pre textual, much of what forensic Mental health professionals who frequently wear the hat of expert witness, say about the individual cases is similarly pre textual, Austin obli for reasons of morality, and much of the way, judges interpret forensic testimony is Tella logical. I believe that these interpretive clues help explain much of the confusion and mental disability law. Like if you read about di D, he, I mean, to be honest, I sounds like I should be locked in in a sane asylum. But I’m not crazy. I live a normal life. I mean, I have certain boundaries for myself, and I have a certain way of living and yeah, and get triggered and all that stuff. But I’m not as crazy as it sounds, like when you read about it. I mean, mind you at one time, it probably was, but like, I’ve healed, but so much of that has come from doing the work to heal. I mean, doing the work that God showed me to do to heal, and that’s what’s done it. That’s why I get to do what I get to do. It’s why, you know, I’m living the life of my dreams. Because of that. It’s all God. It’s all God, to me, everything goes back to God. And even if you’re not a believer, I just believe what the creator says about me. And I believe in His promises. And I and so I believe that I can overcome anything, anything that comes my way, whether it’s mental illness, or, you know, addiction or anything. I believe that. And my wife is an example of it, I mean, read the devil inside me. That will tell you, all you need to know about what God has done in my life.
Joshua T Berglan 56:57
See, if there’s anything else to highlight here. There’s so much here, you know what, I’ll leave that. There’s a lot of information there. And I just don’t want to sit and read to you the whole time. But I want to encourage you to go to live mana.org this website here, right there, right in front of your face, Li ve ma n a.org for the radio audience.
Joshua T Berglan 57:30
My goal, and I believe I’m actually going to have a congressman on it looks like that’s getting set up. And some other people that are in this fight have asked Barbara to come on, we’ve got another gentleman that I pray will come on who I don’t want to say his name yet. But he has a son that is locked away in one of the Kansas prisons. And I want to have like people that have been in this fight, because I want you to hear from them. Not me, the only emotion I have towards this is that there’s an injustice happening. And it’s not right. And this injustice, I believe sprinkles into many different areas of our life. It’s not just shadow prisons and sex offenders. It’s much more than that. And I believe the people that are in control of this and are making money off this are also making money off of the other areas. And I know it sounds like a conspiracy. But again, go watch any of the episodes we’ve done on CPS go watch any of the broadcasts that we’ve done on, you know, human trafficking. Like a lot of this stuff that’s going on and you know, you find out where the money is going, then that part of it like this article doesn’t go into the money barbers article does. And when you see all that Holy freaking crap, it’s like it’s gonna make you wonder, because it doesn’t make sense. Like, really, some of the people are basically dead already. But yet they’re keeping them in there. Why? What when you hear about the amount of money that they’re worth a month? Maybe that’s why that sounds really cruel. What is cruel, like, there’s probably a better way to work with, you know, the patients of these hospitals that don’t have legs or arms or cancer all over their body. And by the way, cancer, like I watched what it did to my dad that is suffering beyond suffering. And he had good health care what’s happening with the people that don’t that are in behind these walls? I can’t imagine and I can’t imagine that any believer any God loving person out there could ever want anyone to suffer regardless of what they’ve done. I just don’t believe it. I don’t believe that that’s the heart of God. So I pray for the my audience of the the audience here that, you know, does love God and loves people and profess to be a believer. Please read the rest of this article. Educate yourself to what’s going on. Because I while all these people are throwing money at trying to stop human trafficking, and you know all the other big mainstream in justices in the world, I think our money and resources need to go to the ones that are not talked about. Which On a sidenote plastic pollution, it’s not talked about enough, but and that’s affecting people more than they know, too. So anyway, please check out the article, please read the rest of it. I’m not going to take any more of your time. But I am grateful that you’ve, we’re here, grateful that you are part of this. And if you are able to sew into us, please do so. Because we want to keep doing things like this. And we want to amplify the other voices for the voiceless. And we want to be of service to you too, especially for those that don’t have the money but need the help. We want to be here to serve and I don’t want to charge people, I guess, on our website, we could start charging people for stuff. But that is not what our heart is. So if you believe in our mission, please sign in to us. Again, you can do so here. Or just go to our website. Heavenly Father, thank you for all the people watching today.
Joshua T Berglan 1:01:43
i This is not my favorite kind of broadcast, because I don’t want to just read from stuff. But I pray that what I read is, is opening the eyes of the people that it needs to open. Thank you for this opportunity. And thank you again, for the people watching it. Thank you for all the people that have sewn into us to help us keep going. It means so much. This is not popularity, winning work, but I don’t care. Like I know what needs to be done. And I just pray that you continue to use us and use this network to be a voice for the voiceless and to elevate the other voices for the voiceless. And I pray that anyone that hears this that’s locked up in the shadow prisons, or in the families for that matter. I pray that you inspire hope in their heart that never give up and to keep fighting and to keep going and just to know that ultimately Truth will win. We love you and Jesus name Amen. Thank you for watching
Unknown Speaker 1:02:44
Amazing Grace. How sweet the sound that saved me. I was lost I was blind but now I see. I was lost