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To what degree can a person use mental illness as an excuse to commit crime?
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08-25-2020, 02:46 AM
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#1
- ChangeOfStyle
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- ChangeOfStyle
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To what degree can a person use mental illness as an excuse to commit crime?
https://www.news.com.au/national/nsw...fc97ed2b2b7918
You got to be chitting me with this one. He's claiming that
You got to be chitting me with this one. He's claiming that
The footage has been played before a jury in Mr Morrison’s trial. He has pleaded not guilty and will argue he was suffering from psychotic mental illness and paranoid delusions at the time of the alleged incident.
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08-25-2020, 02:48 AM
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#2
Pretty much can get away with anything as long as a psychiatrist says you have a disorder and not in full control of yourself.
Edit: most don't realize the power of a doctor's note even.
Edit: most don't realize the power of a doctor's note even.
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08-25-2020, 03:01 AM
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#3
08-25-2020, 03:10 AM
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#4
- gbullock32
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- gbullock32
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Since most states will still end up housing them in a prison anyways due to very few mental hospitals being left, he will probably be in prison anyways.
And many people with legit (proven and life long) mental illness can and often are charged with crimes. Honestly the worst people to work around because they can snap out of nowhere. Cool one minute, throwing actual sht at you the next.
And many people with legit (proven and life long) mental illness can and often are charged with crimes. Honestly the worst people to work around because they can snap out of nowhere. Cool one minute, throwing actual sht at you the next.
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08-25-2020, 03:29 AM
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#5
- r32gojirra
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- r32gojirra
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It’s a pretty complicated area of law.
Fundamentally they have to prove that the individual was mentally incapable of forming the intent required to commit the crime. Cases like the nandruku case have watered the mcnagten rule down a bit though
Nandruku dropped while I was in law school it’s pretty long but here’s a discussion
http://www5.austlii.edu.au/au/journa...Jl/1999/80.pdf
McNagten basically requires that you can’t tell right from wrong so was a pretty high test to establish the defense
Edit: they seem to be laying the groundwork for some kind of self defence argument
Fundamentally they have to prove that the individual was mentally incapable of forming the intent required to commit the crime. Cases like the nandruku case have watered the mcnagten rule down a bit though
Nandruku dropped while I was in law school it’s pretty long but here’s a discussion
http://www5.austlii.edu.au/au/journa...Jl/1999/80.pdf
McNagten basically requires that you can’t tell right from wrong so was a pretty high test to establish the defense
Edit: they seem to be laying the groundwork for some kind of self defence argument
08-25-2020, 06:13 AM
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#6
- Samraiwise
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- Samraiwise
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Excuse? Never.
Probable cause, it might be.
But if the victim is a person I love then it doesn't matter.
Actually nothing matters any more.
Probable cause, it might be.
But if the victim is a person I love then it doesn't matter.
Actually nothing matters any more.
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08-25-2020, 06:33 AM
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#7
08-25-2020, 06:37 AM
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#8
- DesiredUserphag
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- DesiredUserphag
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I don't see the reason to keep a mentally ill criminal alive but maybe I'm just heartless
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08-25-2020, 06:41 AM
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#9
Originally Posted By ChangeOfStyle⏩
To about the same degree justice is subjectively decided, by comparing to precedents with other cases so anything's possible. Don't see him living longer than a decade if it isn't in a prison, or the victims' families putting up with it.To what degree can a person use mental illness as an excuse to commit crime?
08-25-2020, 07:05 AM
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#10
- JStrez
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- JStrez
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I've seen people get off on a lot more for a lot less.
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08-25-2020, 07:20 AM
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#11
Originally Posted By DesiredUser****⏩
We have to realise here the intent of putting someone in prison and the it also includes rehabilitation or whether the person is going to likely commit a crime again. The judges work is hard AF because they are the ultimate decider of how long it would take someone to fully go through the stages of what the prison is supposed to do.I don't see the reason to keep a mentally ill criminal alive but maybe I'm just heartless
From a logical point of view of course stabbing 6 people is grounds for execution but from a legal point of view, is prison going to stop him from stabbing someone again in a couple of years or are some pills going to fix the neurochemistry thats fooked up in his brain so that he won't go on a bender again.
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