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I was reading something and I saw a loop hole at our system say I kill someone and I pleaded not guilty and say(pretend) I have mental "issues" and so they sent me to an asylum and awarded me a seriouis amount of cash(y'know for arresting a mentally handicapped person), since I have the money and I am only pretending to be sick I could be out of the asylum with cash and totally get away from murder??? what do you think???

warning: I AM NOT ACTUALLY GOING TO DO IT JUST ASKING!!!

Educate me I am only 17

2007-11-28 03:26:58 · 31 answers · asked by Cynical_beyond_belief 3 in Politics & Government Law & Ethics

no classes

2007-11-28 03:31:14 · update #1

yeah but isnt it false imprisonment to put a mentally unfit person to regular jail

2007-11-28 03:39:54 · update #2

31 answers

You can only get off on the "Mental illness" defense if it can be proven that you are in fact "Mentally disturbed".

2007-11-28 03:32:23 · answer #1 · answered by wildeyes_heart_of_stone 3 · 1 0

If you kill someone and feign mental illness for an excuse, you're not getting out of that asylum. The only way your scenario could work out is this:

You commit involuntary manslaughter (Like backing over someone on accident in the parking lot). You are found to be mentally deficient to the point where the judge believes you won't be able to function in a normal prison, so you're sent to an institution, where eventually you may be let out with tons of therapy and parole. In that situation it would be better to just be honest and go to regular old prison.

2007-11-28 11:31:58 · answer #2 · answered by jmattiesmufc 5 · 0 0

There are so many issues involved here I don't know where to start. First, you do not get money for being arrested and being found mentally ill. There are two issues with mental illness in our criminal justice system. The first test is competency-in short that means the ability to understand and participate in the trial. It is a very low threshold. If you are found incompetent to stand trial you are generally sent to a mental institution until such time as you can stand trial. When you are fit to stand trial, the trial would proceed.

The second issue relating to mental illness deals with intent. If you are incapable of forming the requisite intent due to a mental disease or defect, then you may be found not guilty of the underlying crime. (See http://www.forensic-psych.com/articles/artMcNaughtonRule.php for a good discussion of the rules associated with insanity defenses). You may be sent to an insane asylum for a period of time and, in many states, you may be sent to prison to receive your treatment (a guilty but mentally ill verdict).

You would not get money damages if you actually committed the crime but were insane.

2007-11-28 11:35:06 · answer #3 · answered by Anonymous · 0 0

Doesn't work like that. But, the fact that you have "thought" of this elaborate scheme suggest that perhaps you really are mentally ill. Hmmmmm...... might wanna get that checked. Lol.

BTW, people are not awarded cash b/c they are arrested when mentally ill. It's our constitutional right to be protected and if an individual poses threats (I would say murder is one) then they get locked up. They get to go to the "hospital" instead of a rehabilitative center (prison - yeah I laugh at this myself). So, just b.c you are mentally ill, sick, naive, etc. you still get the privilege to go through the judicial system.

2007-11-28 11:33:54 · answer #4 · answered by Sarah 3 · 0 0

You are so dumb. They don't just believe you if you say you're mentally disabled. They test you and probe you and everything... And what happens if they decide you're mentally handicapped? Do you think your life would be normal after that? How do you think you're going to get out of the asylum if you're believed to be ill? If they really fall for it you'll end up on medication which will probably end up making you really insane. There's this dude on death row who's crazy, but he's being medicated so he might be considered sane enough to be killed. Of course, even if they rule him too crazy to kill he'll still be in prison for ever.

2007-11-28 11:36:06 · answer #5 · answered by Iambe 2 · 0 0

There would be many witnesses brought to the trial to prove you were not insane– family, friends, experts, etc. If you were judged to be insane, there is a chance you may never get out of the asylum. Also they wouldn't pay you anything, they just can't give you the death penalty if your insane. To get money, you would have to sue for damages for false imprisonment, and whose going to believe an insane person?

2007-11-28 11:38:02 · answer #6 · answered by dezynor 3 · 0 0

can't happen, see i work in this area of law enforcement. we have a whole section dedicated to people who have mental health issues from being just nuts to suicidal. you cant turn this around and try to come out with money. they can evalute you and tell if your nuts or not. they will talk to friends, family all that to dtermine your past and what you are like. if you just starting acting nuts a month or two weeks ago, and odds are you could end up on death row. i can go more into depth if need be.

2007-11-28 11:34:40 · answer #7 · answered by podolak6 2 · 0 0

So anyone who has seen a police/law drama in the last 50 years has seen this plot. It is about as new as sliced bread.

The bit about getting money is absurd though. It is perfectly acceptable to arrest mentally ill people.

2007-11-28 11:31:24 · answer #8 · answered by Anonymous · 1 0

You kill someone and you are mentally ill, you still need locked up so you won't hurt or kill someone else. As far as a serious amount of cash, you are dreaming. You need to get a more productive line of thought.

2007-11-28 11:33:11 · answer #9 · answered by marty 3 · 1 0

Tell me which fool told you this.You are partially correct that insanity is a cause where justice is more lenient.But it doesnt mean you can be let off that too with cash.Secondly pretending or feigning insanity, can be detected easily.Havent you heard of electric shock therapy.One shock would make you go blaring loud and clear.Remember Crime never pays.

2007-11-28 11:35:05 · answer #10 · answered by MrKnow_All 4 · 0 0

Mental illness isn't enough to send you to a mental hospital(after a murder). You have to be certified insane, which is real hard to do. Dahmer was found to be sane, what does that tell you?
And you don't get paid for being arrested because of a mental illness. Strange concept.

2007-11-28 11:30:49 · answer #11 · answered by Eraserhead 6 · 4 0

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