[ame=http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights]Universal Declaration of Human Rights - Wikipedia, the free encyclopedia[/ame]
A person has a right to a fair trial here or in any country of the world. To believe that the founding fathers put such a right in the constitution like it was some revolutionary thought they had is rather silly.Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK
Err, no the insanity defence was not invented so that scumbag lawyers could get their client off the hook. It may be that in today's world, some lawyers attempt to do this, but in contrast the MacNaughten rules, and other jurisprudence were developed to deal with the issue of mental illness. If you don't agree with the need to demonstrate mens rae, then obviously you have no interest in your own countries' jurisprudence and the common law's notion of justice.
Secondly, even if he had not been killed, the issue of mental illness is still important. However, when the accused may face the death penalty, then the issue of mental illness becomes paramount.
Last edited by Australianlibertarian; 12-30-09 at 07:20 PM.
If a person commits a crime, and they are mentally ill, if the illness from which they suffer alters their mental state to the point where they are not in control of their actions, in the United States of America, they are not accountable for those actions.
Likewise, if a mentally ill person, who is vulnerable to suggestion, is taken advantage of by others, he or she is not responsible for the outcome of his or her actions.
And yet ... China wonders why the rest of the world dislikes them.
"An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it." - Gandhi