Pleading Insanity in a Court of Law Now this is something I have often wondered about. In the UK (where I live) if a defendant pleads insanity they will undergo a mental examination to verify their claim. If successful they can avoid prison and be transferred to hospital, until deemed fit to re-enter society. As far as I know, in the US the law is slightly different; a pleading of insanity simply qualifies for a ruling of 'diminished responsibility' along with other factors put to the jury. The plead itself, even if accepted and proved, has very different results. However, does this deliver the justice it intends? The definition of 'insane' changes from jurisdiction to jurisdiction. Discounting false claims to insanity, what is it that makes someone not responsible for what they do? If someone was drunk at the time of the crime (or under the influence of drugs) the judge will be no more lenient. In fact, is our definition of 'insane' even a valid one? If someone commits rape or murder for their highly deviant sexual preferences and practices why aren't they declared simply mad? After all, they have a very abnormal way of thinking which they have no control over. Now there are various details of the law concerning insanity which any of you can read up on here. However, it is the fundamental question that I would like to put to you : can mental health, or for that matter anything else, take away the responsibility for a terrible crime? If so, where do you draw the line?
I'm not certain but I BELIEVE that a person is sent to a mental hospital to be treated and when they are found fit they are re tried or re sentenced for a crime.
cosmic your confusing 2 different rullings one is not guilty by reason of mental disease or defect and the other is a ruling that you dont have the capacity to help in your own defence The first means that at the TIME OF THE CRIME you were unable to act in a reasonable manner the second just means that you cant actually act to defend yourself in court, once you are you can then be tried and plead for the first one (and you will probably get it) celler door, your slightly wrong there. the reason drugs and achole arnt concidered to be an excuse is because you made an active choice to get into that situation and at the time you took the drugs or achole you could have made a rational choice not to. that being said if someone is suffering O2 deficancy or a blood clot pushing down on the frontal lobe or scizophrenia and they mestake someones actions (say a touch on the shoulder) as a threat, then you arent responcable. now in the case of O2 deficancy this can be resolved in a couple of minutes of medical treatment, in the case of a blood clot or tumor the treatments are longer but still medical and then the person will be back in control of themselves. in the case of true mental illness's the treatment may or maynot be possable but either way your not responcable for your actions because you cant make rational judgement choices
I don't think that song would work because it actually deals with money but the song "When My Minds Gone" might stand a chance! Please Register or Log in to view the hidden image!
