This was inspired by another thread here, this is something which has always mystified me....
Why is a crime, less of a crime, when committed by some one suffering from a mental illness?
Sex God
Join the most popular community of UK swingers now
Login
suffering from a mental illness
Sex God
Wow - can of worms + can opener 
I know many people will have wide and strong opinions on this.
Me opinion is that the crime is the same viewed from the victim's side. A bereaved family is hardly going to say "it's ok - they were (insert illness) when they killed Mum."
But from the perpetrator's side it could be a huge difference. Especially if it is a passing/recoverable problem like clinical depression. I suppose it should certainly inform any proposed punishment or treatment.
But I don't see why it should automatically get them let off, or more especially, let out.
I have heard people say criminal behaviour is itself a mental disturbance and we should treat it as such. (Pah!!!)
I know many people will have wide and strong opinions on this.
Me opinion is that the crime is the same viewed from the victim's side. A bereaved family is hardly going to say "it's ok - they were (insert illness) when they killed Mum."
But from the perpetrator's side it could be a huge difference. Especially if it is a passing/recoverable problem like clinical depression. I suppose it should certainly inform any proposed punishment or treatment.
But I don't see why it should automatically get them let off, or more especially, let out.
I have heard people say criminal behaviour is itself a mental disturbance and we should treat it as such. (Pah!!!)
Sex God
What they said ^^^^^^^^^^^^
Oh and just to add that IMHO very very few crimes are committed by people suffering from an acute enough episode to absolve them of any intention or responsibility.
Oh and just to add that IMHO very very few crimes are committed by people suffering from an acute enough episode to absolve them of any intention or responsibility.
Quote by Bluefish2009
This was inspired by another thread here, this is something which has always mystified me....
Why is a crime, less of a crime, when committed by some one suffering from a mental illness?
In most cases, it's not.
Provided the offender has sufficient capacity to form mens rea (guilty intent) then mental illness is only mitigation, not a diminution of the crime. The exception is murder, where a defence of diminished responsibility or other special defences like provocation may come into play.
Most lawyers run scared of entering a defence of incapacity (to form mens rea)since the outcome is usually a hospital order without limit of time.
Mental illness is difficult to prove and many criminals use it to their advantage, Gary Mkinnon springs to mind for some.
The issue is did his/her illness stop that person from realising what they were doing is wrong.
It is like a bad back in many ways, very bad if it is genuine, but on occasions very hard to prove.
I wonder how many criminals have got off by using it as an excuse?
The issue is did his/her illness stop that person from realising what they were doing is wrong.
It is like a bad back in many ways, very bad if it is genuine, but on occasions very hard to prove.
I wonder how many criminals have got off by using it as an excuse?
Sex God
Quote by kentswingers777
I wonder how many criminals have got off by using it as an excuse?
Or how many have not been believed when someone says they are suffering with mental health issues....
I used that example purely based on someone who has a mental illness, but some would say he still knew what he was doing and therefore is guilty of that crime.
I do not know if that is true or not, what I do know is people always seem to have an excuse as to why they committed a crime when they are caught.
Clever lawyers use that as an excuse.
As Steve has said yes I am sure he could well be right too....who knows?
Having a mental illness seems to be bounded about a lot more nowadays as some sort of excuse when caught doing a crime....some might say.
And to be fair I can bring up any situation that I deem fit to put my case.
I do not know if that is true or not, what I do know is people always seem to have an excuse as to why they committed a crime when they are caught.
Clever lawyers use that as an excuse.
As Steve has said yes I am sure he could well be right too....who knows?
Having a mental illness seems to be bounded about a lot more nowadays as some sort of excuse when caught doing a crime....some might say.
And to be fair I can bring up any situation that I deem fit to put my case.
I wouldn't be so sure about any diagnosis of someone's mental health being very accurate. because its assessed against the behaviour of the majority. And it only takes a few generations for the majority to change their mental health.
What was considered an 'acceptable' frame of mind say 50 years ago is quite different to what is accepted today.
equally it would not take much to reinstate some behaviours which are currently considered unacceptable.
What was considered an 'acceptable' frame of mind say 50 years ago is quite different to what is accepted today.
equally it would not take much to reinstate some behaviours which are currently considered unacceptable.
Now have a gander the next time you or someone you know gets caught for a crime.
Take your pick of the ammount of mental illnesses you have to choose from.
Jeeze no wonder so many GP surgeries are full.
I was suprised as to how many there are fgs.
My favorites fall under the " O " category.
Take your pick of the ammount of mental illnesses you have to choose from.
Jeeze no wonder so many GP surgeries are full.
I was suprised as to how many there are fgs.
My favorites fall under the " O " category.
Quote by kentswingers777
Now have a gander the next time you or someone you know gets caught for a crime.
Take your pick of the ammount of mental illnesses you have to choose from.
Jeeze no wonder so many GP surgeries are full.
I was suprised as to how many there are fgs.
My favorites fall under the " O " category.
Is this how it works in your head?? ..
Judge: I sentence you to life inpris-
Criminal: Er actually, I forgot to mention, I have a mental illness, so I'm not responsible for my actions!
Judge: What illness do you have?
Criminal: Which one will get me off this crime?
Judge: OCD
Criminal: Yup, thats it.... oh its such a burden... didn't know what I was doing etc...
Judge: Well, in light of new evidence, your free to go
I bet there are many a lawyer out there who has used one of those scenarios for sure.
OCD...what a load of old toot.
It should be re-named....no your not having that disorder.
= nynhth
Or.....NO you cannot do that disorder. :lol: = nycdtd
I have a Playstation 3 one....it does my head in at times.
OCD...what a load of old toot.
It should be re-named....no your not having that disorder.
= nynhthOr.....NO you cannot do that disorder. :lol: = nycdtd
I have a Playstation 3 one....it does my head in at times.
Sex God
Quote by kentswingers777
I bet there are many a lawyer out there who has used one of those scenarios for sure.
OCD...what a load of old toot.
It should be re-named....no your not having that disorder.
Or.....NO you cannot do that disorder. :lol: = nycdtd
I have a Playstation 3 one....it does my head in at times.
Sometimes you really do talk out of your arse
