Selma Blair legal troubles

[Joan the Vampire Slayer]

Earlier this month, Selma allegedly caused a disturbance on a flight, attacking a flight attendant as well as kicking a police officer and nurse when she was arrested. Her representatives claim she had a medical episode as a result of her multiple sclerosis. Apparently, she also had her service dog with her, and it was taken away from her. She has been charged with second degree assault and could face prison time.

There is interesting discussion going on around this; about whether or not having a medical condition can be used as an excuse for violent behavior, as well as the "get out of jail free card" celebrities have.

It's with noting that Sarah and Selma are close friends.

I'd be interested to hear your thoughts on this.

 

[wolfheart]

I think she snapped, i heard and red that she was also a handfull at Hellboy so maybe its her personality and also her disease. Saying that celeberties are under a magnifying glass.

 

[twoslayers]

I don't know much about multiple sclerosis, but I'll offer my two cents from a legal standpoint. A criminal offense has two components: the actual reus or guilty act and the mens rea or guilty mind. You (with rare exceptions) need both to be guilty. A medical condition could affect whether someone has the mens rea of the offense.

This incident appears to have occurred in New York. Second degree assault in New York requires intention to cause serious physical injury or to obstruct a police officer or certain other officials from their official duties (I paraphrase slightly). Its quite possible that a medical condition could affect whether a person intended to cause harm. Its also possible a person experiencing a flareup of a condition at the time may be able to claim a substantive defense, such as temporary insanity.

I make no comment on the specific case, and a court would certainly need to hear medical evidence, I'm just flagging up some of the issues that would need to be considered.

 

[November]

here is interesting discussion going on around this; about whether or not having a medical condition can be used as an excuse for violent behavior, as well as the "get out of jail free card" celebrities have.

Pretty much any criminal behaviour is diagnosable now.

There was a similar conversation happening this morning on the big brother australia live stream. One of the housemates has some issues that she blames on adhd and autism, there are a lot of women with adhd and autism upset that she claims to be representing them with this behaviour (screaming at other housemates).

In terms of Selma, I knew a lot of people with MS in the horses scene, there were a lot of horse riders with it. All had emotional outbursts as symptoms when they were in active flares. It was distressing for them once the flare passed (most had the relapsing type, I only know one lady with primary progressive). I can only relate to it in this way - when I am in a migraine flare (my lesions are visible on MRI), I am easily overstimulated, over reactive and over sensitive (to things like lights, sound and smells). This influences my behaviour, I have a far lower capacity. When I am not in a flare, I am chill as, no worries. This is the difference between needing a neurologist and needing a psychiatrist, if that makes sense.

I worked with kids with disabilities many years ago. We had a fair few young teenage boys who would spit directly in the face of female volunteers who were working with them. I said they would be banned from the program if they continued to do this. The parents argued that this behavior was due to their disabilities and they could not be blamed or corrected. Every time one of the boys spat in the face of my volunteers, I took them off the horse and sent them home. Parents were furious. But what do ya know, by the 3rd or 4th session, these boys stopped spitting in the face of volunteers.... I use this example because sometimes there is poor behaviour that can be corrected and should be held accountable, but is just excused.