Insanity Defense?
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FTE Leadership Emeritus
Joined: Aug 2007
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From: Lakewood, Ca.
Insanity Defense?
http://www.whittierdailynews.com/ci_...rce=rss_viewed
Mental illness is always a touchy subject when it becomes an issue in criminal proceedings.But I always wonder if they mean "until he is competent to stand trial" or rather until he is competent to say what we need him to say so we can mount a credible defense.
Mental illness is always a touchy subject when it becomes an issue in criminal proceedings.But I always wonder if they mean "until he is competent to stand trial" or rather until he is competent to say what we need him to say so we can mount a credible defense.
Postmaster
Joined: Mar 2002
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From: Montreal Canada
Originally Posted by SteveBricks
http://www.whittierdailynews.com/ci_...rce=rss_viewed
Mental illness is always a touchy subject when it becomes an issue in criminal proceedings.But I always wonder if they mean "until he is competent to stand trial" or rather until he is competent to say what we need him to say so we can mount a credible defense.
Mental illness is always a touchy subject when it becomes an issue in criminal proceedings.But I always wonder if they mean "until he is competent to stand trial" or rather until he is competent to say what we need him to say so we can mount a credible defense.
I think an insanity defence and being found not competent to stand trial are two different things.
If a person does not understand their rights or the crimes they are charged with then they cannot exercise their right to due process and there can be no trial. Any conviction could be overturned on appeal as a violation of the persons right to due process. Being found incompetent would mean the defendant has to go to the funny farm until they're coherent enough to stand in front of a judge and state that they understand their rights and the crime of which they are accused.
If the defendant entered a plea of not guilty by reason of insanity, that would be an admission they understand the charges and are competent to stand trial. The trick to a successful insanity defense is proving you did not know what you were doing was wrong at the time you were hacking people to death. And you would not pose a threat to society if you get treated for whatever made you temporarily insane that day you murdered a lot of people.
Lead Driver
Joined: Jul 2004
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From: in the woods of MA
Originally Posted by websthes
If the defendant entered a plea of not guilty by reason of insanity, that would be an admission they understand the charges and are competent to stand trial...
Post Fiend
Joined: Jun 2002
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From: Atlanta GA
He wasn't crazy enough for this
"When the brother left the room".
He committed the crime when there wasn't someone to stop him. 1st degree murder imho and he should hang for it and I don't care if he is bonkers or not.
If a spouse came home, found their mate in bed with someone else, went to a closet, got a gun, and killed both of them. For me, I might buy the insanity defense as a crime of passion.
But, this guy sat there and plotted after trying to kill someone else. Execute the evil jerk and send him to God for judging and while we are at it, everyone involved in his family and city pray at his execution for any demon involved to be throw back into the pit forever.
This would provide justice and help prevent future crimes.
"When the brother left the room".
He committed the crime when there wasn't someone to stop him. 1st degree murder imho and he should hang for it and I don't care if he is bonkers or not.
If a spouse came home, found their mate in bed with someone else, went to a closet, got a gun, and killed both of them. For me, I might buy the insanity defense as a crime of passion.
But, this guy sat there and plotted after trying to kill someone else. Execute the evil jerk and send him to God for judging and while we are at it, everyone involved in his family and city pray at his execution for any demon involved to be throw back into the pit forever.
This would provide justice and help prevent future crimes.
Lead Driver
Joined: Jul 2004
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From: in the woods of MA
Originally Posted by rebocardo
He wasn't crazy enough for this
"When the brother left the room".
He committed the crime when there wasn't someone to stop him. 1st degree murder imho and he should hang for it and I don't care if he is bonkers or not.
"When the brother left the room".
He committed the crime when there wasn't someone to stop him. 1st degree murder imho and he should hang for it and I don't care if he is bonkers or not.
Post Fiend
Joined: Dec 2005
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the insanity defense is crap anyway. should not even be allowed.
a crime is a crime.
if someone is too much of a basket case to understand what he/she did (assuming a serious crime), then they should never be allowed to live among the public.
plus with many of these crimes, a sane normal person would never commit then, so it is a contridiction all together. you cold blood kill someone, then yes, you are craz y and yes, you should be locked up for life.
a crime is a crime.
if someone is too much of a basket case to understand what he/she did (assuming a serious crime), then they should never be allowed to live among the public.
plus with many of these crimes, a sane normal person would never commit then, so it is a contridiction all together. you cold blood kill someone, then yes, you are craz y and yes, you should be locked up for life.
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Cargo Master
Joined: May 2003
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From: Earth
To my knowledge, someone who is found not guilty by reason of insanity, is not released back into the public. As I understand it, they are still "institutionalized" in a mental hospital. I have heard this more than once. In effect they are still being taken out of society, but for how long?
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