The Insanity Of The Insanity Plea

[The Fake Lonnie Finch]

This is ridiculous. I'm all for hospitalizing criminals with metal illnesses in lieu of jail time, but there needs to be a way to prevent shit like this from happening.

I have a rather simple solution. If you're deemed mentally ill and would normally be considered not guilty under that circumstance, put the verdict on hold. Put the person into the mental hospital indefinitely, and if that person is never considered "cured", then they stay there for life. If the person is ever "cured", put them back on trial without being able to use the insanity plea. One might argue that this is unfair, since the people were mentally ill, and shouldn't be punished because of that, but it isn't like we can just let these people walk free after. So, I think that's a fair compromise.

"Stuff...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb...and whatnot."

The Fifth Amendment and all that entails. Constitutional Law: Learn it. Know it. Live it.

[UNTstormchaser]

"Stuff...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb...and whatnot."

The Fifth Amendment and all that entails. Constitutional Law: Learn it. Know it. Live it.

I should rephrase then. Throw out the use of the insanity plea as a valid point of innocence, and if one that would normally be found insane is found guilty, put their sentence on hold until they are deemed well enough to serve their sentence. In the mean time, put them in a mental hospital where they can get help.

[The Fake Lonnie Finch]

As someone who hews more the "tough on crime" side of things, I like your sentiment.

[Censored by Laurie]

I should rephrase then. Throw out the use of the insanity plea as a valid point of innocence, and if one that would normally be found insane is found guilty, put their sentence on hold until they are deemed well enough to serve their sentence. In the mean time, put them in a mental hospital where they can get help.

So leave the constitution under a magnifying glass on a hot, cloudless day rather than just overtly setting it aflame with a Bic?

[The Fake Lonnie Finch]

So leave the constitution under a magnifying glass on a hot, cloudless day rather than just overtly setting it aflame with a Bic?

Like I said, people here are more sensitive to the story. But, look, this case was a rare case. The insanity plea really isn't in play all that much, and not often successful.

The lady was crazy. And, although in theory I hear what Stormchaser is saying and agree with the sentiment, I know that the other 99.99% of criminal cases pretty much verify the need for a Fifth Amendment.

Tragedy is just that - tragedy.

[UNT90]

I should rephrase then. Throw out the use of the insanity plea as a valid point of innocence, and if one that would normally be found insane is found guilty, put their sentence on hold until they are deemed well enough to serve their sentence. In the mean time, put them in a mental hospital where they can get help.

I think you have a basic misunderstanding of the "not guilty by reason of insanity" plea.

Also, a person has to be mentally competent to stand trial. If they are not competent, they are incarcerated (for lack of a better word) in the state hospital in Witchita Falls until they are competent (through medications or whatever means).

State hospital is a lot more comfortable than county jail, so inmates are constantly trying to get there/trying to stay there. They take malingering to new heights.

[UNTstormchaser]

So leave the constitution under a magnifying glass on a hot, cloudless day rather than just overtly setting it aflame with a Bic?

Amend it if necessary. Find a way to make things like this impossible. We changed the Constitution to avoid slavery, why not this?

Like I said, people here are more sensitive to the story. But, look, this case was a rare case. The insanity plea really isn't in play all that much, and not often successful.

The lady was crazy. And, although in theory I hear what Stormchaser is saying and agree with the sentiment, I know that the other 99.99% of criminal cases pretty much verify the need for a Fifth Amendment.

Tragedy is just that - tragedy.

I definitely agree. But someone should find a way to close the loophole. At least I'm trying to solve the problem people!

I think you have a basic misunderstanding of the "not guilty by reason of insanity" plea.

Also, a person has to be mentally competent to stand trial. If they are not competent, they are incarcerated (for lack of a better word) in the state hospital in Witchita Falls until they are competent (through medications or whatever means).

State hospital is a lot more comfortable than county jail, so inmates are constantly trying to get there/trying to stay there. They take malingering to new heights.

I definitely understand that, and I don't blame them. But, as long as they're in there, it's better than having them walk the streets free. It isn't a perfect world, and we'd like them to pay for their crimes, but I view prison as 50% punishment, 50% safety of the general public.