No, they should go to a jail which specializes in treating people with mental diseases. Just because they are not considered to be cognitively responsible for their crimes, it does not make them any less dangerous to society. They must be segregated, and hopefully someday rehabilitated, for the sake of society's safety.
edit: give a thumbs down to the psychopath who hurts you or a loved one. Your sympathy and compassion can't cure the mentally ill, or protect you from them.
2007-11-07 10:47:21
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answer #1
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answered by Anonymous
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I am saddened by the fact that you have asked a serious and thought-provoking question, yet so many people choose to crack wise about an obvious typographical error than deal with your question as mature adults.
There is a lot of misunderstanding about the legal concept of "not guilty by reason of insanity". In this respect, American law is similar to Canadian law and British law.
Two things are necessary for a criminal conviction.
1. proof of a guilty act--the prosecution must prove that the accused actually did it.
2. proof of a guilty mind--the prosecution must prove that the accused knew that the act was wrong and chose to do it anyway.
There is some kind of idea that a person acquitted by reason of insanity is somehow free to go. These persons are in fact confined in forensic psychiatric institutions until they are no longer a danger to anyone--including themselves. That could be never.
There was a nasty death in Toronto (Canada) some years ago, where a guy pushed a young woman on to the subway track just as the train was coming. The victim was just standing there, minding her own business, going home from work back to her family.
I think that "avoiding jail because of mental disease" is not the best way to look at this.
If the guy was a jealous ex-boyfriend intent on the death of his lost love, there is not doubt he should go to jail for a very long time for the homicide. There is guilty act and guilty mind, and no question about either.
But this was different. The guy was a delusional paranoid schizophrenic, who thought the young woman was Satan. He pushed her under the train because, in his mind, he was saving everyone else on the platform from the devil. Sure there was a guilty act, but there was not guility mind. The guy was so sick that he was incapable of understanding the reality of the situation.
Putting a guy like that in jail would be no different from convicting an epileptic person of vandalism, for breaking a window during a grand mal seizure.
Mental illness, in other words, is a real medical condition--not an excuse to avoid jail. As matters stand, Canadian jails are full of mentally ill people, locked up because there are inadequate proper facilities to deal with those individuals. This is to the shame of our nation.
2007-11-07 10:58:51
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answer #2
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answered by Pagan Dan 6
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I am assuming you mean a "mental" disease, not a "metal" disease. I think this all depends upon the person, their condition, the circumstances surrounding the arrest, their medical history, etc. There are genuine cases where a person is temporarily insane, and does not know right from wrong. Mental Illness can cause temporary loss of sanity, or a person can be judged legally insane. Whether or not a court chooses to accept this diagnosis in passing sentence is up to that individual jurisdiction.
2007-11-07 10:50:07
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answer #3
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answered by Anonymous
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A metal disease sounds like a very serious problem...are they rusting?
Just kidding =)
In all seriousness, I think that people suffering from mental disorders severe enough to cause them to commit crimes need to be institutionalized. They are a threat to themselves and others, and need to be kept in isolation either for the rest of their lives or atleast until they are deemed to have made a full recovery.
2007-11-07 10:48:38
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answer #4
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answered by - Tudor Gothic Serpent - 6
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A metal disease-like from copper or iron? absolutely not---jk-being a smart *** aside--I don't think so--it can be used too liberally as a cop out to commit a serious or even less serious crime. Unless of course, that person has no connection with reality, and is oblivious to "normal" human functioning. In such case, they should be institutionalized, and not able to commit such crimes.
2007-11-07 10:51:00
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answer #5
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answered by faireegurl06 2
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Like rust from the plate in their head? It their mental disease causes them to break the law, they need incarceration... Jail or Hospital
2007-11-07 10:50:24
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answer #6
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answered by cornbreaded23 4
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There will always be some people who need to be kept away from society because they are dangerous in some way. Their illness should be treated and they should be kept in a comfortable homelike environment. (so should all prisoners actually, but I know I'll have a job convincing most of you of that, but it will come one day)
2007-11-07 11:00:24
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answer #7
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answered by DavinaOpines 5
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Being copper deficient is not a get out of jail free card.
2007-11-07 10:50:33
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answer #8
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answered by Shawn B 7
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No but don't worry no one has a metal disease.
2007-11-07 10:47:24
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answer #9
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answered by LaptopJesus 5
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It all depends on the nature of the crime and whether or not the disease really exists....
2007-11-07 10:48:00
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answer #10
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answered by ablockgurl 4
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