There’s a few concepts about mental states, and how they affect a defendant during legal proceedings.
Let’s cover the first : Mentally Incompetent to Stand Trial. What does that mean?
Here’s the scenario: State of Michigan is charging that the Defendant committed a crime (duh). Defendant meets with attorney. After the first meeting, the attorney wonders a few things about the defendant, based on the D’s behavior.
Such as: he can’t remember facts of the alleged crime. Sure, he could have been too intoxicated . . . . however, he can’t remember where he lived before he moved here. He knows he’s in jail, and he doesn’t like that, but can’t really seem to keep the conversation going to help his attorney understand his version of events. And maybe he has a few odd gestures, expressions. (More signs of mental illness are listed here, from the national alliance for mental illness).
You see, the idea of “due process” is broad. It includes that the defendant, to have due process, has to understand the proceedings and be able to assist his attorney in defending the case. If the D can’t do that, then he is mentally incompetent. And if a defendant is mentally incompetent, then the proceedings are halted (but not dismissed).
Any questions about a D’s competence should be raised by the attorney as soon as apparent. (However, the prosecutor or the judge can raise the issue as well). The defense attorney should make a motion regarding competence that asserts that 1. the D can’t assist his attorney in defending the case and 2. possibly, the D lacked the capacity to appreciate that his conduct was wrong, or didn’t conform to requirements of law. That last sentence is the lead-in for the affirmative defense of NGI, or not guilty by reason of insanity. Also called “legally insane.”
After that motion is made, the court will refer the D to an interview by a forensic psychologist to make a determination of competency. The report of the psychologist is then released to the court, attorneys, etc.
Option 1: the Defendant is found not competent. Just because a D is found incompetent does not mean that there will never be a trial. Instead, the next step is that the D has to have mental health treatment – and the court issues an order for this – so that he will become competent to stand trial, at a later date.
This idea seems to also offend the D’s right to speedy trial, as guaranteed in the Sixth Amendment. However, dismissing the case based on competence is not fair to the state (sadly). Also, the speedy trial right has never been interpreted to have a definite deadline by the Supreme Court. For example, the Supreme Court hasn’t ruled that “any delay to trial longer than 24 months would prejudice justice.” Michigan however, does limit the amount of time a D can be treated, (MCL 330.2034) to no longer than 15 months, or 1/3 of the maximum sentence which the D would have if convicted, whichever is shorter.
Also, technically speaking, the D is not being punished by receiving treatment, as he is no longer in jail, he’s in the hospital, receiving treatment.
Option 2: Defendant is found competent. If a defendant is interviewed, and found to be competent, an alternative to halting trial for D’s treatment is a “no contest” plea, which would be based on the idea that he was too intoxicated/ abusing substances, etc, to be able to recall the crime. But use of alcohol /substances is not a defense, and does not make a person legally insane at the time of the crime.
Also, some crimes are open to alternative sentencing, through mental health treatment courts. This is a diversion program, that is essentially the same as sobriety court. It requires that the offender plead to a crime, then complete mental health treatment for a period of months. In exchange, the state will “nolle prosse” the charges, once the program is completed by the offender. The likelihood of repeat offenses goes down significantly when the program is completed. However, it is much like intensive outpatient, and requires a lot of participation by the offender, such as 3-4 weekly appointments at counseling, group therapy, probation /parole appointments, and regular medication review.
Next installment: legally insane – or Not Guilty by reason of Insanity.
If I recall correctly, some states, including mine, do not allow a “Not Guilty by reason of insanity” defense. I am of the same mind, just because you are insane doesn’t mean you didn’t commit the crime. It seems like a reasonable factor in sentencing, but not in guilt.
But then again, mens rea.
I guess I will have to wait for the next installment.
I am of the same mind, just because you are insane doesn’t mean you didn’t commit the crime.
You did, but you are not criminally responsible and are technically not punished (because you lack capacity and thus mens rea).* People who successfully plead insanity are involuntarily committed to a mental hospital. Now, that commitment is not for a set term, but until the doctors decide they are safe to release back into the wild.
I’m surprised that this defense isn’t required by due process, actually.
*Going off ancient law school larnin’, here. I’m sure Elspeth will give us a more current account.
This is more-or-less how it works in Canada as well; if a defendant is not competent, the presiding Court will issue a bench warrant for the defendant to be remanded to an appropriate psychiatric facility. As our Crim Law prof pointed out, this isn’t exactly a “win” for the defendant, as such terms of admission can actually last longer than the high end of the sentencing guidelines for the crime itself.
I am unsure where i stand in this… i think mens rea has value, but depends on the crime, but this is why there are courts i suppose. Intention matters but to a point…
Depending on the severity of the crime, the level of mens rea sets the severity of punishment. Murder/manslaughter is the seminal example. The main* difference between the various types of killing crimes is your mental state before and during the killing.
*there are exceptions, felony murder comes to mind.
It’s not like they say, oh, can’t charge you for first degree murder because you are nutty, so we are letting you back in the street, now though…
Keep in mind that insanity is a purely legal term. There are plenty of people that have psychological issues that are not legally insane. While most people would call a sociopath insane, legally they aren’t. They are aware of their actions and that they are wrong. A schizophrenic person that can’t tell what reality is anymore, however, is legally insane. While they may commit terrible crimes, they don’t think that they did. Since punishment wouldn’t accomplish anything as they aren’t aware of what they did, isolation and rehabilitation are the best options, so they get involuntary commitment to a mental hospital. The aforementioned sociopath goes to a special ward of a normal prison, at least in Pennsylvania.
“A schizophrenic person that can’t tell what reality is anymore”…
…and often is not dangerous in a criminal way. Dangerous to themselves through neglect, others through their neglect (i.e. their children)…
Unless their name is Alexandria Ocasio-Cortez
I believe that’s more sociopath then schizophrenic.
True, schizophrenics are far more likely to be victims than perpetrators. In an effort to avoid going full Irish, the example was given to provide as clear a delineation as possible, and should not be taken as an indictment of any type of mental illness.
Please everyone! People with schizophrenia have a disease, and many people have illnesses. They aren’t defined by their illnesses. So you should say ‘a person with schizophrenia’ rather than ‘schizophrenic’, just like you wouldn’t call a person with mental retardation a ‘retard’.
Also, ElspethFlashman, great article! I’ve done plenty of expert witness testimony in the past, but swore off it after a horrible experience once with an opposing attorney, who essentially made me feel that no compensation would ever be worth going through that again.
A question, though — when you refer to a forensic psychologist, do you mean a forensic psychiatrist? I would think a double-board certified forensic psychiatrist’s opinion would carry a lot more weight with the court than a psychologist (i.e. forensic psychiatrist, a minimum of ten years of training after college, including medical school, residency and forensic fellowship; psychologist — doctorate (PsyD) can be obtained via an online school).
I think this depends on the state. When I was a criminal defense attorney (two decades ago) it was routine for psychologists to do the evaluations.
I prefer “person of schizophrenia”
/woke
Running for office is proof enough for me
I know I know! It’s Peter Strzok!
Are there any pictures of that guy where his face isn’t utterly punchable?
Whatever you do, don’t try to imagine his O-face.
…
I mulled over what punishment you should receive for putting that horrible idea out there.
Behold, The Fred Durst O Face!
May it haunt your dreams.
First no contest plea I ever encountered involved a guy who showed up to court in a dirty wife-beater.
Judge proceeds to go thru the “questions”. Question number one – “Do you understand that you are the defendant in this case?” They never got past that one and eventually he had to change his plea.
OT: The Chernobyl mini-series is horrifying. I’m only 30 minutes into it and having visceral reactions.
What if your utility were run by the DMV ?
lol, it is. I’m still getting “we’re going to read your meter” notices for a house we canceled service and sold three years ago. The announcement comes to the new address which isn’t even in their area of service. I’ve spoken not just to the central help line people, but directly to the guy who was the area manager for the meter-reading, who claimed he could stop it. That was two years ago. This situation does not fill me with great confidence for how wisely LADWP spends its money.
LADWP doesn’t have smart meters yet?
Several years there was a website written by a young Russian lady who rode through the area on a motorcycle. She was the daughter of some mucky-muck so she could get permission. She took a lot of pictures and had a lot of background info. One thing that struck me was her mention of a large crack in the containment that was visible from a bridge about a mile away. Many local residents went to look at all the pretty colors going on inside and they all received lethal doses of radiation.
Found it.
She is Ukrainian, not Russian.
Relevant song.
I read her blog a long time ago. Fascinating!
Does the series start with the fucking crazy experiment they were doing on a civilian reactor without a containment dome? They literally blew the hot core out the roof and into the parking lot.
After a short intro of a scientist getting ready to hang himself years later, it starts with the explosion itself. I assume they’re going to back up a little bit further in the program.
The concept of people being sent to see what is wrong and encountering a naked flaming core scares the living bejeezus out of me. By the time you figure it out (seconds), you’re as good as dead.
I thought this documentary about Chernobyl on YouTube was well-done.
https://www.youtube.com/watch?v=p5GTvaW34O0
Radiation so high that a photographer in a helicopter overhead had his pictures blurred and distorted. Crazy!
Pripyat and Chernobyl is one of my pet interests.
OT: Someone in my office just unironically used the term “adulting”. I am glad that we are expanding but we need to stop hiring millennials, and I say that as a millennial.
My company has a millennial employee support group.
Please tell me you’re joking.
I wish I was. Although support group isn’t quite right. It’s an employee club/group like ones for blacks, women, gays, vets, etc. as part of HR’s Divisiveness and Exclusion initiatives
Not alone
https://genyers.mit.edu/
https://www.ironmountain.com/about-us/corporate-social-responsibility/news-and-noteworthy/our-people/i/introducing-millennials-at-iron-mountain
I read the words but I don’t understand them. If I saw that in a syllabus I’d drop the course.
If they’re handing out naptime and free cookies, hell, I’ll pretend to be a millennial.
Divisiveness and Exclusion
Bravo.
No. Seriously?
There’s almost no way around it, anymore. But that doesn’t mean you have to cater to their dysfunctions.
I know 200 millennials who can shoot and drive a stick: would be glad to parachute into action with any of them.
The way to handle the millennial generation is the same as the rest: conspicuous raises and promotions for ability and productivity.
Have you read “The Coddling of the American Mind?” On first blush, you might think its a book about how horrible Millennials / Gen Z are, on account of the fact that its a book about how horrible millennials / Gen Z are. But its really a book about how late Bloomers / Early Gen X are really shitty parents who have torn down the important institutions for developing the next generation, and millennials / Gen Z are the victims.
As a late Gen X’er, this is a very accurate observation because it conforms to my priors, so I recommend it to people on the internet.
Yes, my peers destroyed their children’s futures.
I’m smack dab in the middle of Gen X; For many years I have heard many of my my generation say something along the lines of how they want to be (years ago) or are (present day) “friends” with their kids. We are now seeing results of that style of parenting.
I have heard many of my my generation say something along the lines of how they want to be (years ago) or are (present day) “friends” with their kids.
I wonder how many of their kids think they’re their friends? Because I’d think that’s where you get kids with no respect for their parents. Trying to tear down hierarchies is often a fool’s errand. Because the hierarchy will remain in place. And if the parent isn’t atop the hierarchy, you can bet the kid will eventually see fit to take his place.
Ugh. Friends don’t let friends be friends to their friends’ kids.
millennials who can shoot and drive a stick
I assume all millennial Glibs can do these things.
I was needling my millennial neighbor because he can’t drive a stick – but his millennial wife CAN!
I hate collectivizing anyone, though. There are useful people and useless ones. And a shitload of in-betweens.
but his millennial wife CAN!
Hawt.
Rico Suave is your neighbor?
As a millennial too, I say fuck them and their bullshit workplace environments. I don’t want open offices with basketball goals, foosball and weekly happy hours. I want more money, the ability to work from home and to be left alone unless it’s business related.
I don’t want open offices with basketball goals, foosball and weekly happy hours.
One of these things is desirable. Actually, a foosball or air hockey table would be all right, too.
weekly happy hours
My office does this…and Beer:30 Fridays…
Does it count if I’m the only employee for my company in the office?
So, you pull out a Tall Can in a paper sack and start drinkin’?
“Hey, my company says this is OK!”
Well, soon most days I’ll be working from home… so…
We have monthly happy hours in the office and occasional happy hours out and about. Given that I find many of the people I work with detestable, I don’t bother going most of the time, despite helping plan the events.
Open office is the single worst thing you can do for morale and productivity. The next worst is having CNN playing in the break room. The next worst is having inclusion, diversity, and department culture be the single most common talking point when managers get the microphone.
All in all, lawyers are terrible people, and you can’t fix the legal department from the top down when the foundation is so damn rotten.
I am an old man and agree wholeheartedly. I thank God every day that my job requires very little socialization – and ZERO golf!
When I was young, I worked with people that I loved to socialize with, but still hated the all-hands happy hours.
^THIS. I think that’s a relic of the dot com bubble, this idea that you should make your work environment this sort of adult playground in order to raise morale and inspire creativity. That’s fine as far as it goes, but at some point, maybe once terrible Google got hold of the idea, it became about immersing employees in the company culture in order to keep them mentally and often physically on the job for as much of the day as possible. I don’t know how many places I’ve heard that pay mediocre salaries but then boast about having an open office, beer in the fridge, table tennis, shit like that. Look, I don’t want to work in a miserable office park under fluorescent light in a horrible cubicle, but I’m not here to hang out, either. I have a home, family, friends, places to go, stuff to do, the works. I want to put in a day’s work and then leave. Bonus points if I can do that from my house.
Perhaps he meant ”adulterating?”.
Why bother adulting when the world is going to end?
Young people blame climate change for their small 401(k) balances
Good lord. Like that’s not going to come back and bite them on the ass.
It is a rational decision based on their irrational beliefs.
The millennials who are saving had an average balance of $25,500 and were contributing 7.3% of their paychecks as of the second quarter of 2018, figures from Fidelity showed.
Yeesh. I mean, my contributions are a low percentage like that too, but that’s only temporary until the student loan is gone. I would feel the weight of the world on my shoulders if I only had $25k saved for retirement right now.
I think if you use that word unironically you should have to fight an adult tiger each time.
Wow just got a call from a recruiter they have an exciting opportunity for me. Strangely it’s at a company with the same name as the company I currently work for. Also it’s the same exact job title as mine. So weird! Resume reading is hard!
Ruh-roh.
Are you sure your company isn’t trying to hire a cheaper replacement for you and the job posting merely tagged your resume in the recruiter’s system?
Yes the posting is in a different group.
Ask for the salary range.
I’ve received that call before. More than once.
Who are you?
Where am I?
Is it time for my fruit cup?
I’m from the government.
That’s classified.
No.
And you may ask yourself
How do I work this?
And you may ask yourself
Where is that large automobile?
And you may tell yourself
This is not my beautiful house!
And you may tell yourself
This is not my beautiful wife!
Talking Heads – Once in a Lifetime (Official Video)
OMWC, same as he ever was.
I want a Brownie.
I have no idea how this works in the local system
Impalement?
What about being ruled incompetent? Can my boss just, like, do that?
Well your boss can say you’re creepy and get your guns taken away under “red flag” legislation. I guess it’s only a matter of time in which you get locked up without trial for “public safety” under expanded red flag laws.
This may be jumping the gun on the next installment, but what typically happens to someone when they are found NGI?
An all expenses paid visit to the looney bin for a term not yet decided.
Hinckley, the would-be Reagan assassin, is a good example of this.
+1 Jodie Foster
Hey Q – just wanted to make sure you know that I appreciate the thoughtfulness of linking to the bearcake (and twink pic) last night. That first guy is a well-known bear model – he was featured in some of the first bear pinups I saw.
No prob Bob, everyone should get to have fun around here!
I can’t say the word “otter” – referring to the actual aquatic mammal – without my girlfriend giggling. Yet “bear” gets no reaction. Chicks be weird.
She must get really confused by OtterBox.
Otter and beaver are so close; yet so far apart.
I have somewhere at home the last issue of the Beaver magazine.
I didn’t much care for the twink pic.
Great article, El! Takes me back to Psychology and the Law – a semester-long romp through M’Naughton (NGRI), incompetent to stand trial, and the unreliability of eyewitness testimony – Elizabeth Loftus’ research being fairly new at the time.
a D…the D…for D’s
So you’re saying it’s all about that ‘D’.
For no good reason.
OT – alt-right Morrissey in the news again…
Um… people know his position on animals, right? He wrote a (terribly insipid) song about it and named an album after it.
TW? Infowars
He wrote
amany (terribly insipid) songs…I happen to like The Smiths but that one is probably their worst.
I happen to like The Smiths…
My thoughts and prayers are with you.
Much appreciated.
I’m also a proud Smiths and Morrissey Fan – in small doses, mind you.
Kudos to him for being consistent in his beliefs, and not changing them every few months based on what someone in a political party says.
He’s in trouble for criticizing Islam.
But use of alcohol /substances is not a defense, and does not make a person legally insane at the time of the crime.
Noted. Thanks!
Darn
I know!
I should add: _ voluntary_ consumption of alcohol/ substances is not a defense. . . . so if you were involuntarily intoxicated. . . maybe there’s a defense.
“I don’t know what happened. I set a piece of plastic on the bar, and they just kept putting full glasses in front of me to drink them. How was I to know they were full of the devil’s rum!”
What if you were kidnapped from a restaurant, taken to a wealthy eccentric’s mansion, force-fed booze, and then piled into a car and forced to drive on a narrow road against your will?
+1 You gentlemen aren’t really trying to kill my son, are you?
strangely, Naptown, that’s always the same scenario _I_ pictured too!
In trying random books by people I’ve never heard about sometimes I run into situations where I’m debating dropping the book.
Here’s the context.
It’s supposed to be a murder mystery. Narrator is a London Photojournalist who inherits a distillery from a Dead Uncle (only relative) who had been killed by the NHS (book says it was lung cancer and pnuemonia, but the timetable says killed by the NHS). Narrator starts getting death threats and leaps to the conclusions of “Muh Soggy Knees” from an assumed old boy’s network in the distillery – having never seen the site nor met any of the people involved.
Narrator visits distillery and breaks in in the dead of night for… reasons (poorly thought out and ill-conveyed) gets confronted by the interim manager with a rifled shotgun (the author switches between the terms ‘rifle’ and ‘shotgun’ as though they are interchangable). No one gets shot. Manager refrains from pointing out that the new owner is a moron for breaking into her own place when she was going to be handed the key the next morning.
Narrator finally meets with the lawyer and manager, picks up plot points about sabotage. Manager states that there are concerns because the new owner (narrator) has no experience in distilling, and showed zero interest in the company during the fifteen years dead uncle owned the place (even refusing to go to scotland, and making dead uncle visit london instead). Narrator launches into standard feminist tirade about “women in the 21st century”. People at table look uncomfortable, but no one points out “that has jack shit to do with what manager said.”
I’m hoping that for all her screeching soggy knees, the actual motive turns out to be “I was hoping to get a good distillery cheap, it’s got nothing to do with you, or your genetalia”, but part of me thinks it might not be so and magic assumptions will be validated.
What are the odds of either outcome?
I’m gonna be honest; I have no idea what’s going on here.
It’s still early in the book.
I’m not sure what’s going on either.
i dropped it based on your review.
Yeah, that’s going back on the shelf.
I did not like that book.
Obviously the butler did it.
https://youtu.be/xbV-C1iQLQA
On topic.
https://i.pinimg.com/originals/8f/a7/6f/8fa76f92c4e6fdd5cfaca4dbbc2619fe.jpg
Hey! I’M a redhead!
Wait…ummm…
Go on…
Trying to decide if I’ll accept the “crazy” designation for the sake of the “hot.”
Every redhead is either an 8+ or a 2- on the hot scale.
They are all 8+ on the crazy scale.
I always give redheads a few bonus points on the hot scale. Can’t help it, it’s my irrational love of gingers.
Right there with you. I’ve always had a soft spot in my heart for redheads. Perhaps that’s. Just where they plunged the knife in…
My one appearance on MTV was courtesy of a smoking hot redhead – we were walking down the beach in Daytona and the crew wanted to interview her. They tried to keep me out of frame as much as possible…
then don’t search on “ugly redhead”
#meetoo
LH: What I’m saying is what a non-ginger lover might see as a 5, my brain registers as a 7. When normies see a 9, I see a goddess.
So, even if I did search “ugly redhead”, the results would look like “average looking redhead” to me.
Science!
“Non-ginger lover”
Wait a tic—is that a real thing? Like, really?
/is this the kind of talk that goes on here during the day?
Pics?
Nah – there’s a reason my avatar’s a cartoon.
You’re not also named Tiffany are you?
Nope. Linda. Is that a good or a bad sign?
Well, every Tiffany (or Tiffani) I know is a train-wreck and the Lindas are all cool chicks.
You sure you are a red-head?
Yup! My favorite uncle always called me “Red” when I was a kid, which I hear is supposed to trigger me, but I liked it.
Full disclosure: I used to be a natural redhead, but now I’m an unnatural redhead. Going for another round of “chemo” next week.
I hope the quotation marks in “chemo” means a cut/color and not no-shit chemotherapy.
Trivia: in Australian slang, redhead men were often nick-named “bluey” although it seems to have dropped out of usage in the late 20th century. Its origins date back to the 1890s.
The origins of it are unclear, but one account is that it stems from the belief that red-haired Irishmen were prone to fighting. In Australia “a blue” is slang for a fight.
Tundra – Yes, “chemo” = color. I call my stylist my “hair doctor.”
Seems like a relatively sane name. I think it’s a wash.
It is not. Trust me on this.
For the record, I am NOT OMWC’s ex.
I like how crazy starts at 4.
I like how the crazy axis starts at a 4, LOL.
Or I could refresh more often and not look like an idiot…sigh.
Anyone else getting the alternate site layout here more frequently (like every other page load)? The one with the skinny text.
Yes. But I assumed it was Satan, er, Chrome.
WHY DOES EVERYONE LOVE CHROME?!
CHROME IS THE BROWSER FAVORED BY CTHULHU.
Laziness, not love.
“Ph’nglui mglw’nafh Cthulhu Chrome wgah-nagl fhtagn!”
I translated what Swiss wrote: “In his house at Mountain View dead Cthulhu waits scheming.”
If there’s anything wrong with that, blame Google Translate.
I think it is wordpress mucking around with layouts.
It is annoying.
There was a WP update Tuesday and a theme update yesterday. This frequently happens under those circumstances.
Yes. Hateful.
Yes. Hateful
I have been as well. I blame WordPress.
Thanks for this series, EF. The more knowledge one has about legal issues, the better.
*begins article on the difference between “disqualified persons” for purposes of transactions with tax exempt private foundations, and “disqualified persons” for purposes of governance of tax-exempt non-profits in general*
You’ve made a few comments about tax shelters in the past. I’d love to know more.
#metoo
You’re halfway there, living in Florida.
Our retirement plan is in large part a tax shelter (contributions are tax deductible, earnings and withdrawals are not taxable). A few things to know about ours (and I think this is true of just about any legal tax shelter):
(1) You need a lot of extra cash or assets to make it worthwhile. We’re putting 40% or so of our pre-tax earnings into ours (on top of my 401(k) and 403(b) contributions).
(2) They aren’t free. You will pay annual fees to maintain the thing.
(3) You will lose (technical) control over what is in the tax shelter.
(4) You should have a long time horizon before you need to extract the money from the tax shelter.
I’m not quite 40 yet, so I don’t contribute that much yearly, put some of the older partners are putting in 60k+ a year, which, iirc, is the statutory maximum.
I’m no expert, so I wonder what they have. As partners, they may not be employees and can use some of the “self-employment” options.
You really should contribute as much as possible now. The magic of compounding is your friend when you are still relatively young. If you have any thought of retiring early, you need to pack that account as much as possible now.
I max my 401k, my wife has an FRS pension and I max my IRA. After that my extra cash goes to my brokerage account in VTMFX. Anything else I should be doing?
Nothing comes to mind, no. If you have truly significant unneeded cash flow (I would say don’t even think about it with less than $50K/year) or a chunk of capital assets ((probably at least $#250K), the kind of shelter we are using probably wouldn’t make sense.
We have a private charitable foundation that will flip to a trust at the end of this year. They aren’t cheap to set up ($10K ish) or run (for ours, $5K+/year). It invests in a “safe” portfolio (on account of my risk aversion) and in whole life policies (which in turn is an investment vehicle, also “safe”). Without the reduction in our taxes, it wouldn’t make any sense at all.
Contributions are deductible as charitable contributions, so it acts like a tax-deductible savings account on the front end. Withdrawals are loans, which aren’t taxable. The loans will be paid off when we die by the life insurance, and any surplus will go to charity. Whatever is in the shelter can’t be left to any heirs.
You’re my age. You need some of that in a “swing for the back fence” fund.
If you don’t have truly significant unneeded cash flow
Aargh.
Thanks RC. I don’t think I’m in an income bracket that makes a charity worth while. PM, the problem is I don’t know what to swing at.
We have a private charitable foundation that will flip to a trust at the end of this year.
I always wondered if something like that was advantageous… Now I know.
I do, but I also have heirs.
I assume you had a professional set this up?
I have an “honest” accountant. When I started asking about this stuff, he gave me the card of a guy who specializes. Apparently, that’s what he’s famous for.
The one we have is ultra-safe on the tax compliance front, to the point where we sacrifice some of the tax “efficiency”. If you want to leave an estate, you have to leave that outside the tax shelter, which can really reduce the tax benefits.
Some people set these up when they sell a business or another big capital asset, and fund it with (some of) the proceeds (this is a relative of the infamous Kennedy trusts; part of what I like about it is they can’t get to ours without attacking the trusts of some very wealthy and powerful people). To do it out of income, you need to be able to peel off quite a lot of cash every year, and be able to commit to doing it for as long as you will need to pay premiums on the policies.
Its a pretty tight demographic – risk averse, carved out from inheritance, high cash flow/low expenses, young enough to commit to a multi-year plan with time for the assets to grow enough to matter.
Pick a field that you know a little bit about (I suggest medical/pharma; that’s what I did). Use your own judgment, and pick something that has room for a ton of growth.
The bet that I made with Palin’s Buttplug a few years ago was entirely real (although I bought more shares than in the bet). I still own that stock now.
I’m working on another one now, but it’s going to take me a month of research to make up my mind. At the very least, I’ll be able to fall asleep without alcohol reading boring studies every night.
I assume you had a professional set this up?
Good God, yes.
When I started asking about this stuff, he gave me the card of a guy who specializes.
The people I use, this is pretty much their only thing.
I asked around about the guy who was recommended to me.
My neighbor (former CEO of a few hospitals around here) uses him. We got to talking about the 6000 lb vehicle accelerated depreciation loophole, and somehow, he managed to use it for his stay-at-home wife’s car too.
That HAS to be illegal, but he claims the accountant said it’s kosher.
The accountant is either very smart, or very dumb. I’m not sure I want to find out.
We got to talking about the 6000 lb vehicle accelerated depreciation loophole, and somehow, he managed to use it for his stay-at-home wife’s car too.
Umm, I’m pretty sure there’s no depreciation on personal assets. That’s the kind of shit I won’t do. I know a lot of people get away with it, but I’m coloring inside the lines.
Nobody ever says on their deathbed “I wish I would’ve worked more.”
What about porn stars?
Communists?
Wait, that’s “I wish YOU would’ve worked more.”
Or I wish I hadn’t fished so much.
OT and behind a paywall.. so here’s a .pdf from a Canadian site:
https://myha.goalline.ca/files/for_many_girls,_figure_skating_loses_its_edge_to_hockey.pdf
More Girls Hit the Ice—For Hockey
A surge in girls’ ice hockey comes as figure skating loses its edge for many who embrace the team sport and spurn the sequins
i read the heading and think maybe we haven’t completely failed our kids by sissifying everything. but nutpunch: the writer makes it clear that Title IX and #metoo are somehow part of this.
Following up from last post: I would think the “Celebrate Diversity” shirt would cross a few wires at a gun control rally.
I envision a “Celebrate Diversity” shirt with silhouettes of various types of firearms plastered on it.
Precisely.
that’s uncanny. there are some other good ones out there but that’s the only one in orange.
This one?
oh yeah. this is in progtown too. expecting lots of “you think that’s funny. kids are dead. you’re sick.”
Er, how the Hell does Title IX (and to a lesser extent, poundmetoo) have any relevancy to a Canadian news item?
I just can’t even.
Head desk moment of the day:
User requested their VM PIN get reset… back in April. I reset the PIN, and told them the new one. Every couple of weeks, they send an e-mail saying they still can’t get in; however, there’s no failed logins on the extension. So I ask how they’re trying to get in, and they reply back that they’re pushing the button on the phone, putting in the temporary PIN, and getting a message that says, “Your PIN has expired, please enter a new one.”
Apparently, they’ve just been hanging up at that point.
Goddamit, why didn’t you tell me I needed to enter a new one?
I don’t know my voicemail PIN. I also have never bothered to get it reset because there’s nothing there worth hearing. Calling my desk phone is sidestepping procedure, and no, I’m not going to call you back.
I’m in a strange kind of customer service/support role. Our company has a contract to provide support for another company. So, I’ll be as helpful as I can be (within reason). So I’ve got to listen to the voicemails and get back to people. It doesn’t help that the customer is much happier with the level of support we provide versus their own internal support. So there’s quite a few times where they try to sidestep their own support, only to find out that we don’t even have access to the system in question.
If I got merit-based bonuses/raises/promotions, I might be more amenable to helping people out. As it stands, I’m the one who gets in trouble if I provide help without the request arriving via the proper channels.
I get bonuses, due for my first raise in a couple of weeks, so we’ll see how that works out for me. I’m not quite sure how I really fit into the hierarchy (being the only one here adds a certain distance to everything corporate related), nor what a promotion would entail. Right now our biggest concern is the client had a single point of knowledge for a whole bunch of custom development. He retired, and did no knowledge transfer of any of it. So the customer is hoping we can step in to support it, while they don’t even know where the source code is.
I’m in support but have started to ignore my v-mail too – it’s usually someone trying to sidestep my to-do list. Best if you send me an email with a screenshot or an example of the issue. I _hate_ it when people start babbling part numbers and POs to me as if I deal with these trading partners all day long.
Also the large number of sales calls and unknown numbers makes me leery of picking up any phone # I don’t recognize.
I get a lot of spam calls. Sadly, they’re all robocalls, so no one I can immediately mess with (and I’m too lazy to stick on the line to get a human.)
Yep. I’m not in support but I get a lot of questions from students, people in other departments, administrators. In almost every case, the enquiry requires me to tell them I need to go and look stuff up and then get back to them. Depending on who it is, I usually add the comment “this is why I ask you to e-mail.”
In fact, I’ve removed my ‘phone number from my profile on our department’s website and have the note “prefers contact via e-mail” (which is about as far as I can go). My office number can still be found by going into the institutions’ online directory. Every semester I have someone call me with a question which means they’ve gone to the department’s home page, tracked through the faculty to find the name of the chair, read my entry, gone back to the institution’s main site, run a search for my name & ‘phone number, then called me.
Invariably the people who do this are either Grade A assholes or the dregs of student academics.
I think we’ve actually transitioned to the point where leaving a VM is frankly (though usually unintentionally) rude. It tends to impose a lot more work on your recipient than the more-current options.
Our voicemail system generates an email with the voicemail attached as a data file. This, IMO, is optimal. I can forward it via email, reply via email, delete, etc. I have no idea how to access voicemail on my phone, and don’t need to.
If due process requires that you be able to assist in your own defense, how can people be found guilty in absentia?
I think due process requires that you be given the opportunity to assist in your own defense. If you decline the opportunity, due process is satisfied. Otherwise, all anyone would need to do to avoid being convicted would be to refuse to talk to their lawyer or otherwise participate in any way in the case.
What about a defendant in a coma? Delay the trial?
Probably. I’d also toll the statute of limitations, though.
That’s hilarious. Where do you find this stuff?
I don’t.
It finds me.
*closes browser, deletes history, purges buffer*
Can’t you just go outside to get the D? Let the D absorb into your skin, but be careful, that D could burn.
I guess it is safer just to swallow the D, you might gag though it you don’t have enough water.
It’s Yukon Territory, Canada. They only have sunlight for about half the year.
Too cold for D? The amount of D one person needs seems a bit overblown. This might just be Big D trying to jam more D down our throats to sell more D.
I don’t know. I mean, you’ve seen an Annabel Chong film, right?
Don’t answer that.
Outstanding!
https://www.adweek.com/creativity/we-all-need-d-says-ad-campaign-obviously-doesnt-know-what-d-means-169187/
This is jesse.in.mb’s Grindr profile pic, by the way:
It’s funny because it’s true.
I’ve never heard this slang before ten minutes ago. I’m so uncool. ??
Obligatory
My takeaway is that Canadians need to drink more creamy white fluids.
This is my favorite porn opening scene.
*doesn’t even hover over link*
Unrealistic. She’s way too old for the role.
Actual headline from NZ Herald on the rise in tooth decay in NZ: “My hand’s sore from pulling so many.”
True crime time: I had to research this because of a current case. My client is a schizophrenic who has also had traumatic brain injury. He’s 32, and has 3 prior felonies, one of which disqualifies him from mental health court treatment (sadly).
He says he was emancipated, but doesn’t recall it clearly. He may have had a period in foster care. I’m not sure of his juvenile record since it took place in another county (Kalamazoo? Wayne?) so if he had a prior psyche eval I can’t see it. And he can’t remember when he lived where. Sigh. He has no family in the area either, who can tell me what’s up. I am the only person who visits him in jail.
So next time we have court I am strongly persuading him to take a no contest plea, which I think should go down fine with the judge. That way 1. he will be given credit for time served 2. He won’t be forced into hospital treatment. I’m not sure what else to do at this point !