Should we make a law, that in a murder case the insanity defense can be made invalid if...?
824346
Well it sounds reasonable....but could it not be proven that the insanity influenced the defendants choice not to take meds or get help, whereas is his right mind he would have?
20155
Unfortunately, if you know that someone is doing something wrong and fail to do nothing about it, you can also be charged with a crime. I suggest taking a look at http://www.findlaw.com for information.
191737
Depends on the severity of crime and their mental stability. If they were truly insane then yes some sympathy but sometimes I think no.
273065
Only if it is contested and proving the person that done the will is mentally unstable.
690232
Unfortunately in the eyes of the law its murder....but it should be justifiable,Just as Bush justifies every law hes broken, every lie hes told to turn it around and say its it our countries best interest... I should also add its justifed when your property or life depends on it.  That goes for many other circumstances well apart from the borders of this country.
1084067
Yes but there would have to be very strict osntrols surrounding it and it would have to be done in a controlled environment such as a hospital. Imagine if someone killed a person and stood up in court and said "it was a mercy killing, they wanted to die" and there was no way of convicting them or murder.
48337
I think it depends on the crime.  If it was premeditated and gruesome, then by all means yes; however, if it was accidental, and unplanned, i.e. like that boy who accidently killed that little girl by performing a wrestleing move on her, then no, but they would need some form of hospitalization.
737167
mental patients should be able to determine there care to some degree.  if they have severe problems (going to harm themselves or others)that choice should be taken away from them. but always yes to a lawyer or advocate. believe it or not there is allot of abuse in hospitals and group homes, they think who would believe a mental patient, i can do what i want.
144205
You can't compare legality for suicide, .... Who are they going to arrest if a person commits suicide??  If one "assists" in suicide, then it's murder
869620
If the male were to sue the female for damages, that is a civil action.  The defense of temporary insanity is used in criminal proceedings.  It generally would not apply to a civil proceeding.  However, the defense of temporary insanity is (contrary to what you see on television and the movies) extremely rare.  Some states do not allow it at all.  Others, just like the "permanent" insanity defense, restrict it considerably.  \n\nMental anguish is a tort.  I think it unlikely under the circumstances that a jury would give her much for a mental anguish claim.  The fact that its a marriage that is obviously in trouble, and he would be able to produce his own evidence, would problably not make the case a viable case, IMHO.\n\nThe laws governing the above vary greatly from state to state.  For the most accurate information, you should consult an attorney who is licensed in your state.  If you need a referral, contact your local or state bar association.
107383
Sorry no.  Unfit for trial also means that you will be sent to a mental hospital until your a restore to normal and then you are tried.  You basically have to be insane forever to avoid the charges.  Not worth the time.
1149901
Not as crazy as it may seem.  If a person murders another person they have, as seen time and time again in every cop and lawyer show on Network TV, "the right to an attorney; if you cannot afford an attorney, one will be provided to you."   "Mirandizing" - the recitation of these rights - is required.  So let's say you hire an attorney to handle your divorce (always happy people involved in THOSE situations) and you are really dissatisfied with the result (s/he "got everything") and you think your shark attorney was worse than incompetent....all the rage boils up and you kill him/her.  You've committed murder and will "have the right to an attorney" in the criminal justice system.  Same scenario would work if you were on trial for murder already and decided to off your attorney because they were doing a lousy job (or whatever....) - you'd not only get an attorney for the murder of your attorney but you'd get a new attorney for your current trial.   All at taxpayer expense.
1084165
If insanity is not enough to affect the real guilt of a person, then it should be reasonable to execute children who get hold of guns and accidentally kill a playmate.  If murder charges are not only meant to punish those who INTEND to harm others, then any driver who survives a car accident with fatalities should also be charged with murder.  On the other hand, religious and philosophical leaders for thousands of years have laid out arguments for why it is only really fair to punish people who do bad things because they intend to do bad things.\n\nThe insanity plea basically says that a person suffers from a mental illness that made it impossible for the person to truly intend to do the harm they did.  It doesn't deny that the harm was done, and it isn't "getting off scott-free", as the ignorant often claim.  To make the plea, you have to basically plead insane, which means you agree to let the state commit you to an insane asylum -- which is generally not a terrific place to be.  While many homicide convictions carry sentences of just a few years, commitment for insanity is by its nature indefinite and may continue for the entirety of the person's life -- even if they might have walked out of jail years earlier had it not been for their "cop out".\n\nMany of the respondents here sound like a "pitchfork and torch" brigade, ignorant, hasty for revenge (even against imaginary transgressors), and with little real thought for what justice is all about.  It's probably a good thing they're also the people who skip jury duty.
710288
I think that would be fantastic idea. Anyone guilty of unsocial behavior,minor crimes it would certainly make them think before breaking the law.Just imagine the uproar this would cause ,(ITS against their Human rights)\nNever about the rights of law abiding citizens.
448379
Everyone, including psychiatrists, are allowed to plead insanity.  But, keep in mind that "insanity" is actually a legal term, not a medical term.  Interestingly, a lawyer is probably more qualified to determine insanity than a psychiatrist.  \n\n"Insanity" means that someone is of unsound mind for any legal transaction, including imprisonment.
750927
i think him being mentally challenge would be in consideration. But it also will be determine how severely he/she is. If he/she is very servery mentally challenge then maybe he Will be put into a mental institution BC he is a danger to society. So it all depends on how severally he/she is on what the judge will say. If it is a jury that is gonna do it then it could go any way. they could fine him totally Innocent or not. but it depends on how server it is and if the Judge is doing the judging or if it is going to be jury.
1176842
He isn't convicted of murder on reasons of insanity.  He is convicted of being insane and then sent to a mental hospital.\nWhy plead insanity if your still going to be convicted?