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» To what degree can a person use mental illness as an excuse to commit crime?
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post 1614539881 08-25-2020, 02:46 AM
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  1. 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
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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post 1614539921 08-25-2020, 02:48 AM
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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.
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post 1614540191 08-25-2020, 03:01 AM
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he dindu nuffin
post 1614540411 08-25-2020, 03:10 AM
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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.
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post 1614540731 08-25-2020, 03:29 AM
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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
post 1614546551 08-25-2020, 06:13 AM
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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.
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post 1614547821 08-25-2020, 06:33 AM
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I plead.. insanity!!
post 1614548061 08-25-2020, 06:37 AM
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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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post 1614548281 08-25-2020, 06:41 AM
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Originally Posted By ChangeOfStyle
To what degree can a person use mental illness as an excuse to commit crime?
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.
post 1614550041 08-25-2020, 07:05 AM
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I've seen people get off on a lot more for a lot less.
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post 1614551421 08-25-2020, 07:20 AM
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Originally Posted By DesiredUser****
I don't see the reason to keep a mentally ill criminal alive but maybe I'm just heartless
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.

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.
post 1614551601 08-25-2020, 07:22 AM
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#12
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Have you not seen the news in the past 6 months lol?
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