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Old December 2, 2012, 11:13 AM   #46
Glenn E. Meyer
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Join Date: November 17, 2000
Posts: 15,737
Insanity defenses are usually not successful, anyway. Depending on your state:

1. You have to show that you didn't know right from wrong and not be aware of the consequences of your actions - most states.

2. May have an added factor - your action can't be the product of mental
illness. Emotional impulse of the moment doesn't qualify as a mental illness. It might be a mitigating factor for a lesser sentence - maybe.

3. There are jurisdictions where you can be found mentally ill and guilty. Thus, you go to the hospital to get cured and then to prison.

My non-attorney reading of legal texts on self-defense indicates for our legal history and traditions, killing someone after they are not an active threat is legally and morally unacceptable.

PS - Idaho is eliminating the insanity defense and SCOTUS won't touch it.
http://takingnote.blogs.nytimes.com/...n/?ref=opinion
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Last edited by Glenn E. Meyer; December 2, 2012 at 12:51 PM.
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