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Scott, I think juries are skeptical of mental illness defenses because it's difficult to swallow the proposition that someone who carries out a pre-meditated crime is so impaired that they aren't capable of distinguishing right from wrong, or controlling their conduct. Particularly where the evidence of insanity typically would be an expert psychiatrist paid for by the defense, which has been contradicted by a prosecution psychiatrist.
Last edited by Peter_Spaeth; 07-29-2012 at 01:53 PM. |
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Scott let me give you a hypothetical. Schizophrenic, does fine on meds, takes a medication holiday because of side effects or for whatever reason, in uncontrolled state commits murder. Just put him back on meds and send him on his way?
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Peter, schitzophrenia is not a "get out of jail free card". From what I've heard, the psych wards within the prison system is much worse then the general population. The people in there can be unstable and dangerous.
Your hypothetical is very possible and is something that I deal with on a frequent basis. Not only from "taking a vaction from meds" but also from the meds not having the same effect over time, also over medicating. What are we supposed to do? The average schitzophrenic doesn't end up mass murdering... Most end up living a VERY difficult life being seriously uncomfortable in their own skin. Not having a normal functioning brain is a hard way to wake up in the morning. It's also very hard on the families of them. It's very frustrating to me that only mass murder will very slightly raise awareness, and only for a short period of time. It doesn't matter what the jury decides. This guy will never see the light of day, regardless of whether or not they accept an illness plea. Last edited by Matthew H; 07-29-2012 at 02:51 PM. |
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I've always been of the opinion that a rational person pleads insanity and an insane person is not aware they're insane.
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But Matt, suppose, and maybe it's a hypothetical that doesn't exist, but suppose that a schizophrenic would be normal or at least functional so long as they take meds. What would be the point of confining them indefinitely for a crime they committed while off the meds?
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I haven't heard of any case where someone snapped, killed somebody, was given medication, and sent home. It's really up to families, of the mentally ill, to make sure things are ok. For me it's been a 15 year battle that I expect to never end. I'd love to see more funding, better research, and better understanding. Scott - thanks for you posts too. |
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I've said this in several posts, but it bears repeating: Schizophrenia and bipolar disorder affect the part of the brain that controls 'insight'. This means that schizophrenics NEVER know that they are schizophrenic. They have to be talked into taking meds for reasons other than: you are schizophrenic. People with bipolar disorder do not have insight during mania, but usually (but not always) have insight when they come down. It's a tough concept to wrap your brain around - unfortunately, many psychiatrists can't do it either. Peter - the 'medical vacation' you refer to is VERY common with schizophrenics; in fact, almost all take such a vacation regularly. It's a tough illness to deal with, but it's still mental illness.
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$co++ Forre$+ Last edited by Runscott; 07-29-2012 at 04:46 PM. |
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