Saturday, January 19, 2013

The American society is defined by the individual. In that, is the understanding we are all responsible for our own actions. We also define our culture as freedom. The individual is provided a great deal of freedom, including bullying. Actions, even within a great deal of freedom, have consequences. Here again, actions are a part of individual responsibility within our culture of freedom. No different than a car accident whereby there are consequences for 'real property.' Individual actions are like car accidents when they collide and cause emotional and psychological damage.

Living in a human body is an array chemical reactions, including what occurs within our nervous systems and thoughts. They are biochemical interactions, so therefore, there is a physical component to psychological damage. Dispair and stress is not simply intangible. It is real. It is palpable and there are actions by others that can impact the psychi. Fact. Not fiction.

24 Vand. L. Rev. 217 (1970-1971) Civil Liability for Causing Suicide: A Synthesis of Law and Psychiatry; Schwartz, Victor E. 

If suicide is a deliberate act, (click here) intentional act by an individual, how can one person be "civilly liable for the suicide of another?" The paradox suggested by this question has caused many courts to shy away from imposing civil liability for causing suicide. In certain situations, however, a growing number of courts are permitting recovery. Since suicide is on the increase both in numerical terms and in rank as a cause of death in the United States, it can be expected that even more tort claims will be brought by parties attempting to fix civil responsibility on someone other than their beloved decedent.

There are levels of stress that are somewhat invisible. Psychiatrists over the decades have established a profound understanding that interaction and actions of people are not spontaneous, so much as a product of our physiology and life experiences. Nature vs. Nurture. Are we one or the other or is PERSONALITY a combination of both?

Personality is so very tangible in psychology there are Personality Disorders considered diagnosis of which treatment is established. So, the idea a person is set on a path that will ultimately result in a prescribed outcome is completely invalid. People know that as a matter of living, however, there are sound practices of science and applied science called medicine and psychology to prove it. Proof after all is where our courts are established. Justice has to have concrete definition in the USA.

Posted: 01/18/2013 10:11 pm
Aaron Swartz committed suicide last week. (click here)  He was 26, a genius and my friend. Not a really good friend, but someone I had worked with off and on for 11 years, liked a lot, had laughed with frequently, occasionally shaken my head over and deeply admired. When I first met him he looked like this....

Life is complicated. Not only is it complicated, it can be acted on to be more or less complicated by dynamics of living. All that living is a dynamic chemical soup of chemicals and BALANCE.

Thoughts can be directed by imbalances in thinking. The most stressful times in a person's life is often when new things happen. We are surprised and adrenaline kicks in. Fight or flight. Right? So, the human body is set for survival. Often, our visual fields are more important to our survival instincts. People involved in stressful work, such as soldiers train themselves to be reliant on other aspects of senses of hearing, touch and the like. So, the mind is an incredible organ. It dominates the outcomes of the body. There is value in mental health and RESPECTING the limits of the human condition.

The human condition can be acted on by stressors out of control of a person's life. In 2008, the global population experienced a huge surprise. Alarming. Survival in a civilized world came at populous of many nations like a runaway railroad train. There was dearly nothing anyone could do to stop it. It was happening and in the USA and in the global community we were graced in our lives with a new President with dedication and the ABILITY to take on this huge challenge.

Within the USA, why would President Obama seek to extend unemployment relief, support students, provide food stamps and encourage government spending? He didn't create the problem and by every measure in the USA individuals are responsible for themselves and their lives. He did so because without compassion and identifying the stressors the American people were facing there would a great deal of adverse outcome for them. Right? So, a sense of well being, even as far as where the next meal is coming from is very important.

I don't know the particulars of living for Aaron Swartz, but, he was a human being. I am familiar with his passion. I am not going to debate his stand on a very important issue. Freedom. Freedom of speech is reliant on education. So, there is merit to his focus.

He death was not expected by anyone in his social circles. In his personal life. It was a surprise. Some of the most determined suicides are unexpected and very insidious. It is that insidious nature most important to understand in knowing where the actions of a prosecutor caused Aaron his life. And, yes, I stated 'caused Aaron his life.'

Legal authority is powerful. It is as powerful as a runaway economic train. If that level of stress could cause individuals within a society adverse outcomes, it will cause a person despair leading to suicide. 

People die of suicide for what others perceive as silly. Life is suppose to be so much more valuable than anything else. But, to those effected by stressors life itself becomes less valuable and less valuable as they realize they are unworthy of it.

Suicide is not a minor issue. It is a mental health issue. Stressors causing deterioration of mental health are very important to understand. Those that administer the law are suppose to be well educated. Educated well enough to know what their actions are causing in reaction to those prosecutions.

Aaron Swartz was very high profile. He was an activist. He was a leader. His responsibility to his peers was huge. There is every indication the stressors in his life were out of control to the point where any person experiencing them would result in deterioration of mental health.

The prosecutor in this case knew exactly what she was doing and how hard she was pushing. He was a non-violent protester to a huge institutionalized paradigm with nearly impossible odds to change. His actions were to bring about focus and movement within society in a way to benefit the entire of society and not destroy it.

It is the prosecutor causing Aaron Swartz death. The prosecutor needs to be removed from her position, investigated and assessed to her ability to actually handle the public's interest for their best outcome. She is irresponsible within her capacity, abusive to people in her charge. Her prosecution and/or civil torts need to go forward. The case is there to be made.