What do people think about the deminished capasity defense?

Question

Mainly the defense of insanity. Do you think it is abused or do you think it isn't used enough to help the mentaly ill? What do you think about victims right groups saying justice is not served if an insane criminal is put into an institution instead of prison?

Answer 1

I think it has a tendency to be abused BECAUSE- - - - in a world where NORMAL people do NOT go around killing or raping, these acts can be and often ARE categorized as being INSANE ACTS... a person WOULD have to be temporarily or PERMANENTLY insane to have carried out such a crime... so I think using insanity as a DEFENSE is BOGUS... Since there is NOTHING that would make me com mitt a crime like that (murder or rape or whatever serious crime)--I certainly would have to become INSANE --even if only for a moment--to Commit something like that... it's too easy a scapegoat for acquittals... If they do the crime, they SHOULD do the time---regardless of their MENTAL ATTITUDE---UNLESS and ONLY UNLESS they were mentally challenged PRIOR to the commission of a criminal act---such as someone with severe downs syndrome or some severe mental illness --but only those who have a history of said illness PRIOR to the crime committed.

Answer 2

I think it should carry an automatic life sentence (prison or nut house, I don't care) without parole.

Because if someone has diminished capacity and commits crimes, the only way to protect innocent people is to take the criminally insane off the street permanently.

Anything less is a disservice to the community and only puts more innocent people at risk.

Answer 3

I think it should be considered an imperfect defense -- meaning that it reduces the level of the crime by reducing the mental state element, but does not result in an acquittal.

Answer 4

if they have the capacity to think about it, they're not all that diminished. And groups don't talk...people do.