Active Now

Element 99
Discussion » Questions » Legal » If I've been accused of a crime and I just say that I'm mentally ill, that's enough to clear me, right?

If I've been accused of a crime and I just say that I'm mentally ill, that's enough to clear me, right?




~

Posted - October 6, 2016

Responses


  • What if you've been committed. If, for example, you were incarcerated in an asylum and did something of a criminal nature I do actually wonder if the mental illness would favour exoneration. Probably not. Hmm.
      October 7, 2016 1:57 AM MDT
    1

  • 2758
    It depends on the crime, and even then not really. Several states have implemented an 'insane but guilty' status.  It basically means you spend the rest of your life being tranked like a buffalo...until such time as you're deemed mentally fit to spend the rest of your life in bunga-bunga prison.
      October 7, 2016 2:07 AM MDT
    1

  • 11087
    I believe that your mental illness must interfere with your ability to know right from wrong. You would then end up in a hospital for the criminally insane.

    There are many types of so-called mental illnesses and few of them cause violent behavior. Mental illness affects a lot of people and I am sensitive comments that make light of it.








    i

















    i
      October 7, 2016 3:15 AM MDT
    1

  • That's the common consensus these days as to how it should be.   I think it's a pile of cow flop.
    If anything,  hurting  someone because the invisible pink elephants told you do so, as opposed to someone say, ripping you off for $5000 makes  you more dangerous.  In turn giving more reason to remove them from the public.
      October 7, 2016 8:36 AM MDT
    1

  • 53524
    But they're not invisible!
    ~
      October 7, 2016 8:16 PM MDT
    1

  • 17614
    You seem to suffer from "low education" as the hipsters say.
      October 7, 2016 10:19 PM MDT
    0

  • You're hipster.   My education has nothing to do with it.
      October 7, 2016 10:33 PM MDT
    0

  • 3907

    Hello Randy:

    Well, it doesn't CLEAR you.  It DOES relieve you of criminal responsibility.  Nonetheless, you'll be confined to the state hospital till THEY say you're sane.  But, there ARE no state hospitals, so they've designated a cellblock in the state slam as state "hospital", and that's where you'll stay.  If you weren't nuts when you went IN, you WILL be.. 

    excon

      October 7, 2016 8:48 AM MDT
    1

  • 17614
    That is not correct.  Mental illness does not clear or relieve someone of criminal responsibility. You are confusing two different things. 

    An insanity (not mental illness) defense might save a defendant from conviction of a crime if that tough hurdle called McNaughton is satisfied. 

    If someone is so ill mentally that they cannot participate in their own defense at trial, they will not be tried but will be remanded to a mental hospital until they are healthy enough to stand trial. 

      October 7, 2016 10:26 PM MDT
    0

  • 17614
    No, that's not right.  I believe you know that. 
      October 7, 2016 10:19 PM MDT
    0

  • 22891
    maybe but it shouldnt be that way
      October 9, 2016 9:27 PM MDT
    0