The Insanity Defense and the Constitution

[Viking]

Not everything belongs in the constitution.

Tim's question as a little odd as really it's an opinion of whether or not one thinks that the constitution protects it.  Seems unlikely we'd have an amendment to add that.

I was answering the question. In my experience "should" and "does" are not synonyms.

[garbon]

Not everything belongs in the constitution.

Tim's question as a little odd as really it's an opinion of whether or not one thinks that the constitution protects it.  Seems unlikely we'd have an amendment to add that.

I was answering the question. In my experience "should" and "does" are not synonyms.

My point was that Tim's question sucked.

[dps]

I don't think that the US Constitution, in requiring due process, requires that the insanity defense be available.  However, since some state supreme courts have ruled that it does, while others have ruled otherwise, the US Supreme Court should have taken the case in order to resolve the issue.

Note that even if the US Supreme Court rules that the Constitution doesn't require that the insanity defense be available, states would still have the option of making it available.

[Razgovory]

I don't think the Constitution protects this, but it's a good thing.  Some people deserve hospitalization rather then imprisonment.  It's not like hospitalization means you get a free ride.  You kill a person, you'll likely be in that hospital the rest of your life.  It's not pleasant.  Still these are often basically decent people.  When they become medicated and treated they often become extremely remorseful over their actions.  Do people abuse the defense?  Sure, people try to abuse every law. 

I suppose the big difference between a criminal who knows what he's doing and a crazy person is that the criminal inspires contempt.  The crazy person inspires pity.  You meet a few people who are really disturbed, and can't help but feel pity.  It's a terrible thing to be prisoner of your own mind.

[Tonitrus]

I think we need to start questioning the idea of incarceration as the norm of the criminal justice system.

As capital punishment is all but ruled out in most of the world, we should rethink secured penal colonies.

[Ed Anger]

I think we need to start questioning the idea of incarceration as the norm of the criminal justice system.

As capital punishment is all but ruled out in most of the world, we should rethink secured penal colonies.

you said 'penal'

teehee.

[jimmy olsen]

I think we need to start questioning the idea of incarceration as the norm of the criminal justice system.

As capital punishment is all but ruled out in most of the world, we should rethink secured penal colonies.

That's never gonna happen.