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- Dec 16, 2010
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Most people -- including jurors -- seem to hate the insanity plea. I myself hated the diminished capacity defense, a close cousin. About 20 states have a "guilty but insane" verdict, which seems to be more palatable to some.
Temporary insanity and diminished capacity verdicts could get a defendant off altogether or found guilty only of a much reduced charge -- but he'd still go to prison. Insanity defenses and guilty but insane verdicts get a defendant sent to a forensic mental hospital....a sort of place I personally fear much more than prison.
It seems undeniable some defendants are out of their minds, but "insanity" is not a medical term. I think Jeffery Dahmer and Aileen Wuornos were likely medically classified as mentally ill, and should have gotten such verdicts....on the other hand, after what they did (especially Dahmer), it's not easy to care .
What say you? Eliminate these defenses?
Temporary insanity and diminished capacity verdicts could get a defendant off altogether or found guilty only of a much reduced charge -- but he'd still go to prison. Insanity defenses and guilty but insane verdicts get a defendant sent to a forensic mental hospital....a sort of place I personally fear much more than prison.
It seems undeniable some defendants are out of their minds, but "insanity" is not a medical term. I think Jeffery Dahmer and Aileen Wuornos were likely medically classified as mentally ill, and should have gotten such verdicts....on the other hand, after what they did (especially Dahmer), it's not easy to care .
What say you? Eliminate these defenses?