Word: barnette
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...time Cho was standing in front of special justice Paul Barnett of Virginia's Montgomery County in December 2005, he had already been accused of stalking by two women on campus, detained by police who were concerned about his sanity, and ordered by a magistrate to a mental health hospital where he would be evaluated...
...first step in the proceedings called for Barnett to ask Cho if he would volunteer to seek mental health treatment. Court records indicate Cho refused that opportunity and instead demanded a hearing. That same day, Barnett heard from a doctor who said that while Cho was mentally ill, he did not pose a threat to himself or others, and that Cho had denied any suicidal ideas. Barnett won't discuss Cho's case, but court records show he nevertheless was concerned enough about Cho's mental illness that he issued a court order stating that he was a threat...
...what kind of treatment? In the days since Cho shot to death 27 students, five teachers and himself on the sprawling Virginia Tech campus in nearby Blacksburg, the debate over whether stronger gun controls laws in Virginia could have prevented the tragedy has centered on just that question. Had Barnett ordered Cho to in-patient treatment, he would have also been required to submit Cho's name to a state and federal database used to restrict gun purchases by so-called mental defectives. But Barnett told TIME Virginia law also requires him to consider the least restrictive alternatives to forced...
...some observers point out that the case illustrates the way government must balance the rights of the mentally ill and the duty of government to protect society from those who are dangerous. Indeed, the reason state law required Barnett to consider outpatient treatment first is precisely because some judges may be too quick to deprive the mentally ill of their liberties. "That is perhaps the central tension in mental health law," said Professor Timothy Hall, associate dean at the Brandeis School of Law at the University of Louisville. The FBI says only 22 states, including Virginia, report mental health records...
...court papers indicate that Barnett checked a box that said Cho "presents an imminent danger to himself as a result of mental illness." Barnett did not check the box that would indicate a danger to others...