On Fri, Feb 19, 2010 at 11:15 AM, Bob Sullivan <rf.sulli...@gmail.com> wrote:
<snip>  Her court appointed
> attorney met with her for 3 hours over two days and says she is
> insane.  You think???

I see that there are (so far) 43 posts on this thread, and I'm not
sure if I'll read every one of them, but before I leave this thread
for happier pastures, I just thought I'd mention that the criminal
definition of insanity is very narrow and technical.  It's not
necessarily the same as a medical diagnosis.

Basically, for an insane plea to be successful, it must be proved that
the defendant, due to a mental disease or defect ~was not able to
appreciate the nature, quality or wrongfulness~ of her acts ~at the
time the offense was committed~.

Very hard to prove, so it doesn't work very often.

As well, a person found not guilty due to insanity ~does not~ walk.
They are held in a mental health facility until it is determined that
they no longer pose a significant threat to public safety.  In Canada,
it is said that they are held "at the pleasure of the
Lieutenant-General's" until cured (I love that term - so archaic!).

In fact the criminally insane are often held for a longer period of
time than would be the length of the jail sentence if they had been
found guilty - one of the reasons that the defense is rarely used.

Just ask McMurphy...

cheers,
frank



-- 
"Sharpness is a bourgeois concept."  -Henri Cartier-Bresson

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