The problem then is injustice. Injustice of a “different” person judged a criminal.
In the judicial world when a police officer testifies what he observed and heard (in a crime), his/her world is believed . He/she is a sworn agent of the state.
It is known there are bad police, and they have special police to find the bad ones.
It should be known there are bad psychiatrists and an organization to find the bad ones.
My idea is a group to watch the watchers, and have the power to strip bad psychiatrists of their power.
I believe your concept in the presumption of being different predominantly in Mental Health is assumed criminal. We as a society embrace difference all the time in many forms, persona's, artistic venues, and other labeled disabilities.
I believe we differ slightly is in the policing policy! I believe in the construct that psychiatry should in essence have all power removed until they can truly validate intrusion upon another human being. I can’t even begin to express how self determination is the key factor and empowerment tool that needs to be nurtured and weighed as the predominant factor in all Mental Health Court rulings and treatment processes. If you go to any mental institution you will find somewhere on a stark barren wall the “Patients’ Bill Of Rights”! It is stated quite clearly that the least restrictive means is always first priority in any setting or treatment, and must be up held to/and above all others.
It is common knowledge and accepted medical ethical standard that especially with psychotropic medication (and Like Treatments as in ECT so on and so forth) intervention should always be the last resort option in all believed to be Emotionally Different in Constitutional Variations or as they call in Psychiatry land Diagnosis/Label /illness; since it is always deemed the most restrictive form of treatment. Even isolation and restraint is listed below psychotropic medication as being less restrictive. Once you enter a person’s mind and alter the chemistry and behavior artificially, you have entered in to the realm of supreme omnipotent territory.
If I was to the create the paradigm that would serve as a new and improved model; psychiatry would have all powers removed and be replaced with a moral conscience driven socially bound with oversights controlling the model with an extremely high bar of the most humane ethical practice, least restrictive intervention, and fully inclusive of criteria which involved the patients choice; including full disclosure of all options and possible negative/positive consequences from stated options/treatment; that would also include all available modalities including holistic and alternative options before any right of self determination was even remotely brought into question or subverted by professional or legal means. As an extra safety measure I would insure honest peer review, consolation, full legal representation, a broad spectrum of debate, and the protection of civil legal recourse before any basic human rights were infringed upon an individual for the sole purpose of treatment related to (basically all DSM diagnostic labels which over time should be phased out completely) subjective and observational afflictions.
Psychiatry has a false paradigm starting right out of the gate in its premise, since they use subjective criteria they artificially create through the DSM, which they then use to validate pseudo science, which in turn they use in false treatment modalities. This goes against the whole concept of empowerment and self determination; since they make up all the rules and how they will be enforced. The courts view them in a legal sense as on par to laws; yet they are anything but laws, they are invisible parameters subjectively created to a particular sub-class of humanity.