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Re: The theory of insanity
by patron002
Your argument is a tit for tat argument. From a legal stand point there is no difference between developmental disabilities and mental illness. They both are used to argue the same thing: 1. The person is not responsible for their actions. 2. The person does not understand the consequences of their action. Finally, my point was not that those with Developmental disabilities and those with Mental illness= child molesters and other sex crimes, the point was, and is, that those with mental illness and developmental disabilities cannot be cured. Therefore if you killed/raped/assaulted somebody because of your disability or mental illness, you are more likely to be a repeat offender, and thus from a prevention stand point you should spend more time in jail not less, thus the insanity plea and all copy cat pleas are basically nonsense, unless we admit that our justice system is not about protecting us, but about punishing criminals. If you cannot control your actions, cannot be responsible for them, you have no business being free, you will always need to be in the ward of another. Once you say you are insane you should never be truly free again, you should have to always be in the care of another, or even locked away. using a personality trait (mental illness) or permanent mental health issue (DD) as the reasoning behind letting someone get a lighter sentence or off all together only makes sense if you consider jail punishment, and not about prevention. That is the point our system is based on PUNISHMENT not safety, prevention, or any other word, its based on Punishment and the Insanity plea proves it.
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