Timeline for How does the Law handle temporary curing of sociopathy?
Current License: CC BY-SA 4.0
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| May 5, 2022 at 22:18 | vote | accept | dsollen | ||
| Mar 11, 2022 at 16:31 | history | edited | Nosajimiki | CC BY-SA 4.0 |
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| Mar 11, 2022 at 16:07 | comment | added | Nosajimiki | The only times you normally see temporary Insanity pleas work is when the defendant has enough political power that the judge dare not deny it such as the 1859 case where U.S. Congressman Daniel Sickles killed his wife. Had he been anyone else, it would have just been labeled a crime of passion, and he would have been sentenced for 3rd degree murder. Most of the times when mental disorders are addressed in court cases, they are addressed as "diminished capacity" to lesson a sentencing because this has a better chance to avoid hospitalization. | |
| Mar 11, 2022 at 16:02 | comment | added | Nosajimiki | Successful temporary Insanity pleas a practically unheard of outside of fiction, because you must first prove that your client was legally insane at the time of the crime (which you have about a 0.25% chance of being able to prove to begin with), and you must also prove that the defendant has been cured and is safe to reintroduce into the general population in the time it took for that person to reach trial... which practically always fails. | |
| Mar 11, 2022 at 15:59 | comment | added | Nosajimiki | @DavidSiegel Popular culture horribly misrepresents how insanity pleas work in real life. If you are insane enough to be found not guilty you are by definition also insane enough to be a threat to yourself or others meaning that people who are acquitted for insanity are almost always hospitalized for insanity until such time they are cured. In practice, the insanity plea gets you "acquitted", but not set free. Most lawyers prefer to avoid the insanity plea, even when their clients are mentally ill, because it usually leads to a worse outcome than being convicted. | |
| Mar 11, 2022 at 2:47 | comment | added | David Siegel | This badly misstates current US law. pleas of temporary insanity are in no way the same as "crimes of passion" and they can lead to acquittal, not merely reduced punishment. | |
| Mar 7, 2022 at 17:57 | history | edited | Nosajimiki | CC BY-SA 4.0 |
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| Mar 7, 2022 at 17:46 | history | answered | Nosajimiki | CC BY-SA 4.0 |