Insanity Plea

Do you guys think that by pleading insanity a criminal should be able to get a lesser punishment, or if he/she is truly insane, to get off the hook altogether?

------------------
Co-Owner
Bueno Technologies

[Phreakmeister]

I think it depends on the crime really.
But in general, I think that the most important thing, is that that person gets treatment. Treatment is far more important than punishing. Punishing definitely won't change a person for the better in case of a plea of insanity, treatment might.

I presume you were saying this because of the case of the mother having drowned 5 of her children?

------------------
Do you believe in death after life?

[bi-blonde]

insanity is just a cop out.

[Serendipity]

Hmmm. In many cases I'm sure it is, but there IS such a thing as true insanity and the insane are not criminally responsible. Of course, they can be criminally insane, in which case they should be locked up and treated. On the other hand, those who plead insanity just to avoid prison often do so because in prison they would be murdered. If they're locked up away from society, I don't see much difference. A lunatic asylum is not a fun place to be.

[weldordave]

Do the crime, do the time. Send them to Texas, they have a program there.........

[Enforcer]

If you're insane you should just be in a psychiatric institute till you're cured or dead... that's what I think...
(sorry if it's a boring opinion?)

[paulgro]

To answer your question about getting off...No! If they are proven insane then treatment, if not jail...

------------------
"I have not failed. I've just found
10,000 ways that won't work."


Cosmic Coffee Shop (http://pub83.ezboard.com/bcosmiccoffeeshop)
Chiana's!!! (http://pub12.ezboard.com/bchianassoapworld)
Mod Squad (http://www.angelfire.com/hi5/serendipity/MSPoster/ModSquad.html) Permit Man (http://www.angelfire.com/hi5/serendipity/Permit/PermitMan.html)

[Idnew]

No they should not get off like what their trying to do with what's her name that murdered her five children. If they are proven insane then put them away for a very long time and not any six month program either. http://www.dumblaws.com/ubb/mad.gif

------------------
(ô¿ô)Proud member of the Dumb Laws Mod Squad so watch it!*smile*

Attitude Ajustments Gladly Performed(ö¿ö)

My Home Spot (http://members.tripod.com/~freeatlast_3/Doing_Whatever.htm)

Brain Mania (http://www.brainmania.com)

Cosmic Coffee Shop (http://pub83.ezboard.com/bcosmiccoffeeshop)
Meet The Squad (http://www.geocities.com/idnew52/Mod_Squad_Poster.htm)

I think that the insanity plea is a cop out.It has become a way to try to get out of a punishment that you deserve.

[weldordave]

I'd like to see the insanity plea in divorce courts! "Your Honor, I was insane to marry that woman. Therefore I should not have to pay any alimony."

[Sjax]

Originally posted by Enforcer:
If you're insane you should just be in a psychiatric institute till you're cured or dead... that's what I think...
(sorry if it's a boring opinion?)

Boring or not. I agree with that.

[aclu14]

Originally posted by Sjax:
Boring or not. I agree with that.

Absolutely.



------------------
Stop monkeying around George Dubya! (http://pics.steakandcheese.com/ookook.jpg)

Join the Oppositionist Party! (http://www.geocities.com/lucifer_is_hungry/opinionated_online)

[amr]

What really gets me is the "Temporary Insanity" plea -- or as I like to call it, the Mounds/Almond Joy defense (Sometimes you feel like a nut /sometimes you don't)

I think that you either are insane and need psychiatric help or you knew what you were doing and should be punished for it.

------------------
a politician is an arse upon which
everything has sat except a man
--e.e. cummings

Originally posted by weldordave:
I'd like to see the insanity plea in divorce courts! "Your Honor, I was insane to marry that woman. Therefore I should not have to pay any alimony."

lol....
pleading insanity = punishment, WITH treatment. but ya shouldnt luck out with no punishment at all that's for sure. it isss a lotta bunk. i mean, it seems to be a huge issue. but mostly, if the criminal knows that they're not insane, they'll know. take Dahmer for example. he was suppose to plead insanity. yeah right. he knew what he was doing the whole time?? therefore he just pleaded guilty

[Dizbuster]

The way the insanity law is written now a days, at least in Texas, even someone who is certifiable would have a hard time meeting the requirements set out by the law.
If the voices are telling you to kill, then whether you know it is right or wrong is a pretty moot point in my opinion, because just hearing those voices puts you pretty near the catagory of insane, at least according to standard psychiatric evaluations. Schizophrenics generally will know, at least intellectually, that doing act a or b is wrong, but their being able to control themselves as far as carrying out the impulses to do something, is what is impaired, as well as their ability to appreciate the consequences of their actions.

We have gone too far the other way, IMO, in trying to prevent thugs from getting off, in that the people who are seriously ill, like that woman who drowned her kids, end up not getting the treatment and consideration that their condition deserves.

[The Empress]

The problem with pleading insanity is that if found to be insane the verdict is Not Guilty by reason of Insanity. I think an amendment should be made to make it Guilty and Insane. Then the person could receive treatment until cured then go directly to jail even if they are cured, the crime still stands as punishable.

I think that if it was Guilty and Insane then more juries would choose the proper verdict. When considering the crime many juries are reluctant to admit that a person may actually be insane. The Andrea Yates case is a perfect example. That woman definately needed treatment on a daily basis. But the jury had to convict due to the horrifying nature of the crime.

I realize that if found Not Guilty by reason of Insanity there is a very small chance of the person ever getting out of the sanitorium (especially if the crime is murder) , it is the fact that they have to be considered Not Guilty.

[paulgro]

That would be like convicting an innocent person. If a person is insane they don't know what they're doing. Once you cure them if possible you want to throw that person in jail for doing something that they don't even remember doing or help doing... I think the only way you could do that would be to stop allowing the insanity plea...

[Dizbuster]

I think most of the time, especially with the more severe forms of illness, the time served would constitute punishment enough, since many times, it takes years to even make a dent in some peoples problems.
In all cases it should be up to a qualified professional, with possible input from Law Enforcement and the victims, as to whether someone should be released. It actually has worked pretty well in the case of Hinkley, he was adjudged insane, but still is incarcerated and receiving treatment.

There should be a "special circumstances" addition that can be allowed, so that, rather than saying someone was not guilty of a crime they have done, there is consideration of their mental state as to the verdict. It doesn't matter in one sense whether they "knew" what they were doing was wrong or not. Empirically, they did the physical event, and intent or disposition does not enter into the picture.

[kontulib]

Well...here always if someone have done some serious crime (murder, manslaughter, arson etc.) court orders the suspect to psychiatric examination. If the suspect was insane then when he/she done the crime, he/she will not punished but he/she will order to psychiatric treatment.
If the suspect was on that mental condition at he/she was lower responsibility condition, he/she will punished lighter.

Yes, of course. If somebody is insane, mentally handicapped etc. he/she will not be punished (my opinion)

[zany]

After working with psychiatric patients for the past four years I think it depends very much on the individual whether they would be classed as legally insane. Some of my patients would appear to someone who did not know them as sane but do have episodes of insanity.

Some schizophrenics I have worked with have a very limited understanding of reality, believing people on tv were trying to kill them etc. Other schizophrenics seem to be able to control their illness more either by ignoring the voices or talking back to the voices (in disagreement).

I agree that treatment should be available if a person is found to be not guilty by way of insanity. However, I don't think it will necessarily be successful in many cases of insanity. I believe that a person is usually sectioned due to the fact that they are mentally unable to look after themselves or are potentially dangerous to the public.

As for deserving punishment I would strongly disagree with this.

[aclu14]

Originally posted by amr
Sometimes you feel like a nut /sometimes you don't



Could have been borderline personality disorder, which is still a disorder.

And i know what it feels like too. One minute i could be sitting there all happy and smiling, the next with a blade and putting all these nice little slash marks on the inside of my left arm

[weldordave]

Do the crime, do the time. I don't think we should be subjected to your numorous maladies. Meet societal norms or be kept away from society. The genetic imbalance of your bearers should not cause me "no nevermind".