Asked by ~*casron*~ 26 months ago

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"No."

 by Snow_Leopard on Dec 05 2007 (26 months ago)
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As a society, we have always been quite skeptical of the notion of insanity as a defense to a crime. This is understandable because the action and the results are entirely the same whether the accused was sane or insane at the time. But, I believe that most people do accept that people who wander around discussing current events with the pidgeons probably do have some problems.

 

Our jurisprudence is based on the notion that the accused must be guilty (morally culpable) knowing that his or her actions were wrong (illegal) and acted any way. If someone's perceptions of reality are screwed up that he or she can't tell that an act is wrongul, they shouldn't be held criminally responsible.

 

However, if someone is found not guilty by reason of insanity, they don't get a pat on the back and busfare back home. Instead, they are sent to a mental hospital. How long they stay depends on the severity of their illness and whether or not they respond to treatment. Some stay for life, but most stay for years and years.

 

Modern psychotropic medications can do wonders to ameliorate their symptoms. When they are released, they are kept on short leashes and can be thrown back in the hospital if they fall off their meds.

 

It isn't perfect, but it is a decent, humane system. The idea of punishing the non-morally culpable is repugnant to the basic beliefs which underlie our entire notions of justice.

 

http://en.wikipedia.org/wiki/Insanity_defense

 

 

Sources: personal opinion and cited above

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"Abolish it"

 by edfoug on Dec 05 2007 (26 months ago)
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And substitute an alternative "Guilty and Mentally Disturbed" verdict that requires the same jail time but also requires the prisoner to accept treatment, such as antipsychotic medications when they are needed. This would remove most of the motive to "play crazy" unless a prisoner is judged mentally incompetent to assist in his own defense and can’t even go to trial. Then he is kept in a psychiatric facility until judged competent after treatment.
Sources: a psychiatrist's opinion

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"Nah"

 by JBENZ on Dec 05 2007 (26 months ago)
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Successful insanity pleas are very, very rare and, when they work, the defendant is really, really crazy. As a society we should not be imprisoning or executing anyone who is really nutz enough to convince a jury that he didn't understand what he was doing.
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"It needs to be better defined."

 by YuLiQigong on Dec 05 2007 (26 months ago)
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If killing someone is considered to be irrational enough or not sane enough to be normal, all killers are "insane".

I think "mentally incompetent" might be a better term, with the definition being:

The individual has a permanent, pre-existing mental defect that prevents this individual from understanding his/her actions, prevents them from participating in their own defense and they would be unable to sufficiently comprehend the court proceedings.

Temporary insanity would not be valid.
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Latest post on this question's discussion board:

Yeah.... temporary insanity very rarely goes. Also, she's locked away for life. What more do you want, you know?

The two big rules are the M'Naughton rule and Irresistible Impulse. Basically, you are/were so insane you didn't know/don't know what you did was wrong or you still would have done it even if a policeman, prosecution attorney, and the judge were standing there watching because you couldn't control yourself.

I do believe that you can be so high that you can't control yourself. I don't think it absolves you of responsibility, but I do think you could be that high. In that case, you get charged with murder and with insanity and go to a psych ward (not the best place ever to be) for the rest of your life. They are MUCH harder to get out of than your average joe jail. Sometimes they do it so you go to the psych ward until you are "better" then you get to go to jail.
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