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Not Guilty by Reason of Mental Defect...

posted 2/7/2010 1:56:34 PM |
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“No further evidence is needed to show that 'mental illness' is not the name of a biological condition whose nature awaits to be elucidated, but is the name of a concept whose purpose is to obscure the obvious.” -- Thomas S. Szasz

Not guilty by reason of mental defect.... - What a thin line of distinction there is between those poor souls who have been traumatized in reality and those that use this as a defense for evil.. I am afraid...I am very that quote above.. in some cases the soul purpose is to obscure the obvious.. that being that the crime was indeed thought out and carried out with full faculty cognization.

A defense asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime because, at the time of the crime, the person did not appreciate the nature or quality or wrongfulness of the acts.

The insanity defense is used by criminal defendants. The most common variation is cognitive insanity. Under the test for cognitive insanity, a defendant must have been so impaired by a mental disease or defect at the time of the act that he or she did not know the nature or quality of the act, or, if the defendant did know the nature or quality of the act, he or she did not know that the act was wrong. The vast majority of states allow criminal defendants to invoke the cognitive insanity defense.

Another form of the insanity defense is volitional insanity, or Irresistible Impulse. A defense of irresistible impulse asserts that the defendant, although able to distinguish right from wrong at the time of the act, suffered from a mental disease or defect that made him or her incapable of controlling her or his actions. This defense is common in crimes of vengeance. For example, suppose that a child has been brutally assaulted. If an otherwise conscientious and law-abiding mother shoots the perpetrator, the mother may argue that she was so enraged that she became mentally ill and incapable of exerting self-control. Very few states allow the volitional insanity defense.

The insanity defense reflects the generally accepted notion that persons who cannot appreciate the consequences of their actions should not be punished for criminal acts. Most states regulate the defense with statutes, but a few states allow the courts to craft the rules for its proper use. Generally, the defense is available to a criminal defendant if the judge instructs the jury that it may consider whether the defendant was insane when the crime was committed.

I read article after article in local papers, on national news, with people that are pleading "not guilty by mental defect".. really??? The one case was a woman that killed her lover who was also her daughter's lover who claimed she was "not guilty by mental defect" because she went off HRT (for you men.. Hormonal Replacement Therapy.. medication used to control menopausal conditions such as hot flashes, night sweats, etc.) she claimed that she became so enraged at the intolerable hot flashes at the most inconvenient times, waking up to a soaking wet bed.. suffering extreme conditions of hot and then shivering afterwards.. that she became enraged and often disoriented because of sleep deprivation.. REALLY?

Granted menopausal conditions vary in each woman, but as someone that had hot flashes so intense while shopping, I would head for the frozen section and stand with a door open.. someone that woke and had to change night clothes two or more times.. did I ever become so enraged over it I wouldn't realize I was killing someone?

I believe that our legal system has created so many loopholes for those that commit serious crimes (and granted they may have done so for the truthful few that are candidates for such) that they left the crack in the doorway that evil, true evil can sniff out miles away.. and if you are really naive enough to doubt that truly evil people exist.. I would hope to Gawd, you never really cross paths with a charming, sly sick mind like Ted Bundy, Wayne Geasy, Jeffrey Dahmer...

I am the first person to hope for compassionate treatment of individuals who have suffered some tradegy in life that thrust them smack dab into PTSD, but the line is drawn in sand, and those that manipulate people with words and charm, but have evil inside their hearts, know this.. Gawd help us all!

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Feb 7 @ 2:04PM  
Crappy video quality....but I thought this bit was fitting here

Feb 7 @ 4:47PM  
I wonder if us guys could use the "My team lost in the SuperBowl" defense.

Feb 7 @ 6:52PM  
Truthfully, I've thought the same myself numerous times...

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