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The theory of insanity
by patron002
You know, the insanity plea has always seemed complex to me. If our Justice system is designed mostly to punish, then I suppose the insanity plea makes sense. you don't want to punish somebody that has no control over his actions, however if your main goal is prevention, then the insanity plea should actually lead to a longer time in prison/ institutionalized. Psychological stuff is very difficult to predict and there are no cures, just treatment, therefore those that are insane should actually get longer sentences to protect the general public. Child molesters and Rapist are pretty much a sure bet to offend again if you let them out of jail. Therefore, rapist and child molesters should most likely spend the rest of their lives in jail. Meanwhile most murderers do not repeat, because they are crimes of passion. If we are moving toward a system that wants to prevent crime the mentally ill and violent sex criminals should spend more time in jail than murderers. Most studies show that Punishment is only effective for around 5 years give or take by study, after that its no longer punishment, its just life, and therefore ineffective. Anything over 5 years should then be strictly to prevent repeat offenses. I know it has nothing to do with this article, but essentially the insanity plea should lead to a longer sentence, not a free get out of jail card.
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