Bullying definition Any severe or pervasive physical or verbal - - PowerPoint PPT Presentation

Mental Health Issues & Legal Defense

San Francisco Public Defender’s Office ♦Mental Health Unit ♦ kara.chien@sfgov.org No Disclosures

Bullying – definition

Any severe or pervasive physical or verbal act(s) or conduct, including electronic communications committed by a pupil(s) that has, or can be reasonably predicted to have the effect of one or more of the following:

• 1. Reasonable fear of harm to person or property.
• 2. Substantially detrimental effect on physical or mental

health.

• 3. Substantial interference with academic performance.
• 4. Substantial interference with the ability to participate in
• r benefit from school services, activities, or

privileges.

(SFUSD; California Education Code § 48900(r)(1))

Bullying - Types

• Cyberbullying
• Verbal bullying
• Physical bullying
• Social or relational bullying
• Non-verbal bullying
• Indirect bullying

Legal Options

• Law Enforcement Assisted

Diversion ( LEAD)

• Pre-arraingment Release Unit

(PRU)

• Diversion
• BHC (Collaborative Courts)

Limited Conservatorship

• A limited conservatorship is a

court proceeding where a judge gives a responsible person, called a limited conservator, certain rights to care for another adult who has a developmental disability.

Limited Conservatorship

• Eligibility
• Powers of the Limited Conservator
• Compensation
• Supervision
• Liabilities
• Legal Representation

Incompetence to Stand Trial

• Understand the nature and purpose
• f the criminal proceedings against

him

• Understand his/her own status and

condition in the criminal proceedings

• Assist, in a rational manner, his

attorney in presenting his/her defense Incompetent to Stand Trial – cont’d

• Factual understanding of proceedings
• Rational understanding of proceedings
• Ability to consult with attorney with

reasonable degree of rational understanding

• Ability to assist counsel in preparing

defense

Incompetent to stand Trial – cont’d

• Put on a defense
• Raise one or more affirmative defenses
• Waive the right to a jury trial
• Take the witness stand
• Waive the privilege against self-

incrimination

• Decline to confront witnesses

WIC 6500

• Acute-crisis Criteria
• Dangerousness Criteria