|
Some snips from my experience in the field of Mental Health...
Having a major mental illness does not usually mean you are not responsible for your actions. It might, but in the vast majority of cases, it doesn’t. Even if you are mentally ill and actively symptomatic, you are assumed (and held) responsible.
You don’t have to be “crazy” to commit senseless violence. Serial or spree killing might not make sense to 99+% of the population, but that doesn’t mean that the person doing it is “crazy.” Senseless violence can be the product of unrestrained anger. And there is no evidence that people with Mental Illness are more violent than the general population.
As is portrayed on TV, an accused person may in rare cases be deemed “insane” while allegedly committing crimes, and might consequently be found NOT Criminally Responsible. Many states consider this to be Not Guilty By Reason of Insanity, others may say Guilty, but Insane.
The standard for being found not Criminally Responsible has to do with the ability for the alleged offender to understand the consequences of his/her actions and know the difference between what is right and wrong. Their motive, whether it's Palin's battle cry or the Mother Ship beaming messages to Earth, is not the deciding factor. It may be on DU, but not in court.
Many people who get caught in the act where there is little to no doubt whether they committed the crime and have no other defense may plead “Insanity” because it’s their only option. The fact is, the Insanity Plea is a tough sell in real-life court. Many try it, but it is a difficult defense and is probably not nearly as successful as the general public might believe.
Here on DU, it appears to be a debate about what caused him to do it and there is never going to be a hard answer to that like there will be on the issue of Criminal Responsibility. Loughner may be mentally ill and politically motivated. If you believe the reports about his rants, political motivation was perhaps the clearest part of the equation. And it's fair to say that, like many people in our society, it appears that he may have some level of psychiatric impairment. But that won't carry the day. Because like the case of John Salvi, a mentally ill, politically-motivated murderer, Loughner will almost certainly be held Criminally Responsible and will pay for his crimes. What will matter most is that Loughner apologized in advance for what he was about to do, clearly documenting that he knew it was wrong and what consequences it would have. Why he did it will have no bearing on whether he was criminally responsible for doing it.
|