"A lot of people run a race to see who is fastest. I run to see who has the most guts, who can punish himself into exhausting pace, and then at the end, punish himself even more. Nobody is going to win a 5,000 meter race after running an easy 2 miles. Not with me. If I lose forcing the pace all the way, well, at least I can live with myself."
Post by 0scar Wilde/ATT on Jan 2, 2008 18:35:39 GMT -5
If someone is mentally unbalanced, that does not mean they suddenly become unable to commit crimes. I would think mentally unbalanced people are somewhat more likely to commit crimes. The difference, is between those people who were somewhat unbalanced (they know right from wrong, they know the possible consequences, and because they are unbalanced they still think it is a good idea), and those that are completely unbalanced(they are not aware of what they are doing, or cannot fully comprehend the result of their actions.). What makes this issue so hard is that there is not a clear cut line here. And defense attorneys would like to blur the line as much as possible to get their clients off the hook, and the DA's would like to make the line as clear as possible to get the most people into jail. No easy answer on this one, but crazy people, genuinely crazy people need to get help.
The insanity plea should only be used if an expert can confirm that a person is not capable of understanding the consequences of their actions. However, I recognize that both sides will present experts who will testify that a person is/is not insane. Ultimately it will come down to a jury or judge. In Massachusetts the insanity plea is allowed, but Massachusetts juries have rarely accepted the defense and as a result the attorneys have appropriately avoid using the insanity plea.
The superior man, when resting in safety, does not forget that danger may come. When in a state of security he does not forget the possibility of ruin. When all is orderly, he does not forget that disorder may come. Thus his person is not endangered, and his States and all their clans are preserved. -Confucius
Post by The Colonial Fleet on Jan 4, 2008 20:37:24 GMT -5
Generally speaking the insanity plea needs to be applied more to society than in the case of the individual culprit.
Yes, it's pretty obvious that mental duress or a mental condition is present, but until society reaches a point where it's enlightened enough to treat such conditions or lighten mental duress, than only in cases where the criminal isn't able to understand what they're doing is it a defence.
Really though, society could spend a whole lot less on prisons and courts, if it spent a little more on meeting the psychological needs of the truly FUBARed and didn't work so hard to flush the people of the inner cities down the drain.
You don't need to plan out a murder. That's why there are first and second degrees of murder. Murder in the first degree is planned. Murder in the second is not planned-the guy just grabbed something heavy and smashed the victim's head in. 'sides, there are all kinds of insane. You could be completely able to plan ahead, but you want to kill the guy because you think he's Hitler. Can you really hold somebody that crazy responsible?
Post by The States of Eridani on Jan 8, 2008 1:31:18 GMT -5
Insanity plea is great... It worked out really well for me after I slew the dragon man who was terrorizing the country side... The prosecutors told me it was just a landscaper... but I know the truth.
Former Minister of Education Prone to leaving and coming back and then vanishing again The Honourable House of Enigmatic, AoN Generation
Post by The Colonial Fleet on Jan 8, 2008 3:49:48 GMT -5
eridani said:
Insanity plea is great... It worked out really well for me after I slew the dragon man who was terrorizing the country side... The prosecutors told me it was just a landscaper... but I know the truth.
*Puts on tinfoil hat and looks around suspiciously* ;D
...What? He killed Trogdor. Trogdor the Dagron must be avenged! Avenged I say!! AAAHHHHHHHH!!!
[EDIT]That being said, I think it should be outlawed as a defense plea. If you killed the guy or girl, or guys or girls, then you need to be put away for it. Mental state should have nothing to do with it. That being said, I think our society, and others around the world, could use some more money in the schools and on the streets to treat people with mental illnesses before they go killing 'Hitler.' Prevention, not treatment. A lot of things would be better that way.
I think the insanity defense is a more than legitimate defense. Some people do suffer from mental disorder, or could snap and act very much out of character. With that said, I think those who plea insanity should be 'sentenced' to a set minimum time in a mental institution. Mental help would do them good, much more good than prison.
Federation of Scarsaw "Before us lies National Socialism, in us marches National Socialism, and behind us comes National Socialism."