2006-11-27 11:14:11 · 10 answers · asked by philip s 1 in Politics & Government ➔ Law & Ethics
Unfortunately there is no such thing as 'innocent due to insanity'. Insanity is a defence in criminal law and the rules governing the definition of insanity are complex and somewhat archaic, they hang very loosely on the definition of ' adisease of the mind',(known as the M'Naughten rules). A successful plea of insanity does not lead to automatic acquital, rather it merely has an effect on sentence - prison or secure unit hospitalisation. In fact pleading insanity can be more onerous than pleading some other defence. Murder sentences are commonly 20 years (life?). With good behaviour those convicted of murder may be out in 10. They are imprisoned at her majesty's (home secretary's) pleasure and decisions to release are at the home office's discretion. A successful plea of insanity will lead to hospitalisation for a period of time in excess of this, as it is often harder to persuade doctors and the HO that your insanity has healed itself than it is to prove that you are rehabilitated though imprisonment.
Provocation is far better defence than insanity as all that has to be proved is an instantaneous and temporary loss of self control - such as in cases involving battered wife syndrome. Then there's automatism, which is a more interesting defence to play with. This involves involuntary bodily actions that lead to the execution of a crime. There is no mens rea, just an actus reus - the two elements needed to establish criminal culpability. For example, causing death by dangerous driving, when your faculties were temporarily denied by a heart attack or some other involuntary act.
Jack Straw may have said Osama Bin Laden was psychotic but as he is not a practicing psycho-analyst who has the opportunity to appraise OBL, then his comments are merely conjecture and popularist in the extreme.
Have fun researching this question
Hugh G LL.B LL.M MBA
2006-11-27 20:57:47 · answer #1 · answered by Hugh G 1 · 0⤊ 0⤋
Nope. Just because someone is "psychotic" doesnt mean that they dont have an understanding of what is right and what is wrong. The definition of mental defect (which is the term used to get them off from going to trial) is that the person had not understodd that their actions would cause harm, or death to one or many people. OSama knew his actiosn would cause harm and death.
The fact that he spent years planning the attack on the US is a sheer sign that is very competent.
2006-11-27 19:22:59 · answer #2 · answered by arus.geo 7 · 0⤊ 0⤋
Could might've been,seriously ones could've claims as a strongest god related friend, should ones hasn't been paid their misconduct of previous disobedience without a true calculable activities, just Judas Iscariot to Yesus and still had a direct communication with Herods and then bethray not only Yesus and all of his families,but also the 12 Apostles mentioned.
and could might've been any governments bodies afterward.
2006-11-28 06:22:26 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is with great hopes that I say this----
that once this man is found-----
the only defense he will see for all eternity
will be the spit and spatter his little group of rag heads throw up for a brief tick tack of time before some honored American serviceman will blow his "psycotic" brains through God's backdoor !!!
2006-11-27 19:33:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No matter what, if you are psychotic and kill other people, you can't roam around free. You should be strapped to an insane asylum for the rest of your life, which may not be prison or execution, but it's not the same as being acquitted.
Besides, I don't think OBL is psychotic. Just fanatic.
2006-11-27 19:26:11 · answer #5 · answered by Ivan 5 · 0⤊ 0⤋
Well, even if insanity is a defence against murder, it may not be for 'crimes against humanity'. In any case, what makes you think that he will be tried according to English law? If he is ever caught, the Americans will have a go at him first.
2006-11-28 03:16:18 · answer #6 · answered by pengsanking 2 · 0⤊ 0⤋
Jack Straw knowingly shook Robert Mugabe's hand
Says it all
2006-11-27 19:24:01 · answer #7 · answered by Useless 5 · 2⤊ 0⤋
Yes, if Jack Straw was an appointed expert in psychiatry.
2006-11-27 19:17:24 · answer #8 · answered by Ricky 2 · 2⤊ 0⤋
Yes, insanity is a defence to most crimes. Therefore he could get away with stuff on grounds of diminsihed responsibilty.
2006-11-27 19:17:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Jack straw is another term for jack sh1t !look it up in the dictionary.serious!
2006-11-27 20:19:55 · answer #10 · answered by Anonymous · 0⤊ 0⤋