Should mentally insane people that commit horrid crimes be given more kinder punishment just because they're crazy?
Doesn't that violet equality in all aspects in a weird way?
If normal person kills someone, they go to jail or get executed, but if crazy people go around killing people that get to go to some mental institute
Take this guy http://www.ctv.ca/se...?hub=TopStories for example, for those of you too lazy to read, some random dude on a grayhound bus basically got his head cut off, then canibalized by some other dude. The other dude then pleaded insane and they're putting him in some mental institution or something.
So that basically gives a crazy murder people some leeway over normal murder people, in my opinion, if you kill someone, you're a murderer, either you pay with your life or spend the rest of your life locked up in some prison.
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Pleading For Insanity
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#2
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Posted 04 June 2009 - 11:22 PM
I don't agree with the point that being insane makes you any less of a criminal. You could also make the argument for people to be able to commit certain crimes they would certainly seem insane compared to normal people. They should get no leniency for killing someone just because they are psychotic.
#3
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Posted 05 June 2009 - 04:59 AM
[quote name='billypnats' date='Jun 4 2009, 12:38 AM' post='1076197']
Should mentally insane people that commit horrid crimes be given more kinder punishment just because they're crazy?
Nope. It's not the victims fault they were insane. I'm not a huge supporter of the death penalty, but I do believe in the black and white version of "if you do the crime, you pay the time" My own sister was murdered and the criminal has walked around free. So he pleads insanity if he's caught for her death. And the state lets him out after 5 -10 years? What about her daughter that got left behind, that now has no mother? Seriously, I hate capital punishment, but I do believe in life behind bars.
Should mentally insane people that commit horrid crimes be given more kinder punishment just because they're crazy?
Nope. It's not the victims fault they were insane. I'm not a huge supporter of the death penalty, but I do believe in the black and white version of "if you do the crime, you pay the time" My own sister was murdered and the criminal has walked around free. So he pleads insanity if he's caught for her death. And the state lets him out after 5 -10 years? What about her daughter that got left behind, that now has no mother? Seriously, I hate capital punishment, but I do believe in life behind bars.
#5
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Posted 05 June 2009 - 06:13 PM
Reading this thread there seems to be a lot of misconceptions regarding the insanity defence. If someone is found to be insane they are acquitted of all wrong doing. A verdict of not guilty by reason of insanity vitiates all criminal responsibility. Consequentially it would be erroneous to have them imprisoned – as they are not guilty – despite any wrong doing they may have committed.
The defence is a question of law to be decided by the judge on the basis of medical evidence and is then left to the jury. Equality is upheld as the defendant would still be given a trial by jury, who would decide on the basis of the medical evidence presented to the court whether or not the defendant is unfit to plead.
Someone who is legally insane would have committed the action element of the crime but would lack the mental element because of their ‘defect of reason/disease of mind’. Thus they would not be considered wholly liable (with the exception of crimes of strict liability e.g. driving under the influence). Essentially their insanity prevents them from being legally accountable.
In a charge of murder, a court would be compelled to order indefinite hospitalisation. It’s not true that the defendant would be out on the streets a free man, he would be hospitalised for the majority of his life - except that he would not be considered legally liable for the death of the victim. This is why it is rarely used as a defence for murder, as the defence prevents you from being set free, instead you are hospitalised indefinitely. Diminished responsibility and automatism are more popular as they allow for lower sentences.
The defence is a question of law to be decided by the judge on the basis of medical evidence and is then left to the jury. Equality is upheld as the defendant would still be given a trial by jury, who would decide on the basis of the medical evidence presented to the court whether or not the defendant is unfit to plead.
Someone who is legally insane would have committed the action element of the crime but would lack the mental element because of their ‘defect of reason/disease of mind’. Thus they would not be considered wholly liable (with the exception of crimes of strict liability e.g. driving under the influence). Essentially their insanity prevents them from being legally accountable.
In a charge of murder, a court would be compelled to order indefinite hospitalisation. It’s not true that the defendant would be out on the streets a free man, he would be hospitalised for the majority of his life - except that he would not be considered legally liable for the death of the victim. This is why it is rarely used as a defence for murder, as the defence prevents you from being set free, instead you are hospitalised indefinitely. Diminished responsibility and automatism are more popular as they allow for lower sentences.
#6
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Posted 09 June 2009 - 01:14 PM
If your too insane to take responsibility for your actions you should be shot - Stick them in hospital if they have no hope of recovery? Does them being cured or helped bring their victims back?
NO the victim is still dead or whatever!
It costs 40'000 British pounds to keep a prisoner in jail for one year...so this would be even more expensive. Drain your resources that could be used in hospitals and schools to keep alive those who have done great evil and are too looney to ever recover? Its fine to ask for a second chance but the victim doesnt get a second chance do they?
Provided its 99% sure it was them....courts who say has to be 100% sure are stupid...you can VERY RARELY prove anything 100% but often its common sense to fill in the gaps.
NO the victim is still dead or whatever!
It costs 40'000 British pounds to keep a prisoner in jail for one year...so this would be even more expensive. Drain your resources that could be used in hospitals and schools to keep alive those who have done great evil and are too looney to ever recover? Its fine to ask for a second chance but the victim doesnt get a second chance do they?
Provided its 99% sure it was them....courts who say has to be 100% sure are stupid...you can VERY RARELY prove anything 100% but often its common sense to fill in the gaps.
#7
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Posted 19 June 2009 - 05:05 PM
What horrible, horrible people you are. 
(especialy you DreamEmpire, you're a monster)
I don't care if you are insane or not, no person ever deserves to be killed or imprisoned indefinately. You could rape and eat your victims, and I would be willing to give you a second chance.
Instead of our "Lock 'em up, and throw away the key" mentality, why don't we try to re-educate them? I know some of you think "once a criminal, always a criminal" but, that isn't the case. Our prison system is supposed to re-work people so they can re-enter socioty later in life. The way I see it, any human who feels the need to kill at any point in their life should be institutionalised at a mental hospital. If we can find out what makes them murder, then maybe we could prevent murder in the future.
No one seems to want to learn, only to destroy. We aren't cavemen, so stop acting like it.
(especialy you DreamEmpire, you're a monster)
I don't care if you are insane or not, no person ever deserves to be killed or imprisoned indefinately. You could rape and eat your victims, and I would be willing to give you a second chance.
Instead of our "Lock 'em up, and throw away the key" mentality, why don't we try to re-educate them? I know some of you think "once a criminal, always a criminal" but, that isn't the case. Our prison system is supposed to re-work people so they can re-enter socioty later in life. The way I see it, any human who feels the need to kill at any point in their life should be institutionalised at a mental hospital. If we can find out what makes them murder, then maybe we could prevent murder in the future.
No one seems to want to learn, only to destroy. We aren't cavemen, so stop acting like it.
#8
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Posted 29 June 2009 - 12:08 AM
I don't care what the laws are, it makes no difference in my opinion that being insane makes you any less of a murderer and a criminal for killing someone. If you take someones life intentionally, then you should forfeit yours. If some nutjob forgets to take his meds then goes on a killing spree, its nobodies fault but his own. And ONLY full consequences for their actions would be justified. I think the legal system needs major reforms.
Vagitoe, your very idea is exactly how things are being done in the system. And the system isn't working. Its broken. What about the child molester that gets arrested and given a lenient sentence? And then when they get out they rape or sexually assault another child? Should this person be given a 3rd chance? At the expense of another child?
Vagitoe, your very idea is exactly how things are being done in the system. And the system isn't working. Its broken. What about the child molester that gets arrested and given a lenient sentence? And then when they get out they rape or sexually assault another child? Should this person be given a 3rd chance? At the expense of another child?
#9
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Posted 30 June 2009 - 12:59 AM
Wow, I echo the sentiment that there are some very callous people here who, I'm sure, would change their view were a family member to succumb to mental illness and commit a crime.
I'm British and I was one of those who pooh poohed the idea depression despite my Mum suffering from it for just about my whole life. Until I got it. Even then it took a hell of a lot of convincing by my Doctors. It really took my being treated and seeing the person I used to be returning to REALLY, finally believe it.
That is just depression.
Mental illness, if it is sincere and real, is not to be scoffed at. People are NOT themselves and so should be treated appropriately.
End of.
I'm British and I was one of those who pooh poohed the idea depression despite my Mum suffering from it for just about my whole life. Until I got it. Even then it took a hell of a lot of convincing by my Doctors. It really took my being treated and seeing the person I used to be returning to REALLY, finally believe it.
That is just depression.
Mental illness, if it is sincere and real, is not to be scoffed at. People are NOT themselves and so should be treated appropriately.
End of.
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