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What happens after a defendant is found not guilty by reason of insanity?

80 pointsby mconeover 7 years ago

10 comments

thomastjefferyover 7 years ago
&gt; people who have been found not guilty by reason of insanity or who have been arrested but found incompetent to stand trial — are involuntarily confined to psychiatric hospitals.<p>Here, &quot;psychiatric hospital&quot; literally means &quot;prison with carpets&quot;. There are locked doors instead of bars, and caretakers instead of guards, but it&#x27;s a prison all the same.<p>My brother had a mental breakdown (<i>not violent or criminal</i>, but threatening enough to himself for police to be involved), and ended up in the state &quot;hospital&quot; for quite a while. I almost wish it was a prison instead, because at least prison is honest about what it is.<p>These &quot;hospitals&quot; may be necessary for some, but as soon as you walk inside, you take a deep dive into the uncanny valley, and you yourself begin to question your own sanity. I won&#x27;t even try to imagine what it would be like to be thrown inside with no trial, and told that you can&#x27;t leave unless you prove to your accusers that you are adequately &quot;normal&quot;<p>The worst thing about the situation is that my brother didn&#x27;t believe or understand he was ill, and the state gave him every reason to be angry, and reject the situation, rather than come to terms with it.<p>Thankfully now, he is in an assisted living facility, is allowed to leave, and can feel more like a human being, but while he is <i>very</i> normal, functional, etc. he can&#x27;t just go find work and go live his life. There doesn&#x27;t seem to be an end game, and that alone is its own prison.
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RcouF1uZ4gsCover 7 years ago
You&#x27;ve got to get the ordinary man into the state in which he says &#x27;Sadism&#x27; automatically when he hears the word Punishment.&quot; And then one would have carte blanche. Mark did not immediately follow this. But the Fairy pointed out that what had hampered every English police force up to date was precisely the idea of deserved punishment. For desert was always finite: you could do so much to the criminal and no more. Remedial treatment, on the other hand, need have no fixed limit; it could go on till it had effected a cure, and those who were carrying it out would decide when that was. And if cure were humane and desirable, how much more prevention? Soon anyone who had ever been in the hands of the police at all would come under the control of the N.I.C.E.; in the end, every citizen.<p>- C.S. Lewis - That Hideous Strength
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KGIIIover 7 years ago
Tom, name made up, is a friend of mine. Sort of... I knew Tom for only a short while but I still write him letters and send him a few dollars every couple of weeks.<p>When Tom was just 18, he had finished school and was headed off to a large university on a sports scholarship. Not having any money, and coming from a poor family, he looked forward to this. It was going to be his big break.<p>But, Tom needed a wardrobe fit for a nice university. So, Tom went to the mall and proceeded to steal some clothing. Security tried to stop Tom so he pushed the security guard and ran away.<p>Tom, of course, went to jail. The DA offered Tom a 30 day sentence in a plea agreement and Tom, deciding his life was over, took a razor blade and cut his own throat.<p>Tom&#x27;s 30 day sentence resulted in 10 years in a State mental hospital. Curiously, when he was released from the mental hospital, they still made him serve his 30 days.<p>Tom, now having nothing and a giant scar where normal skin once was, tried to meander through life as best as he could. This is where I met Tom. Tom loved drinking and doing drugs. His childhood years of experimentation had been lost to the system and Tom was making up for that. Tom and I had good times. I eventually moved on and no longer spent time with Tom. I&#x27;m not sure who was a worse influence on who, but that&#x27;s immaterial and a story for another time.<p>One day, Tom had had enough. He just wasn&#x27;t going to function and decided to end it all. He went down to the facility where he normally met his providers and took someone hostage. This, of course, resulted in the police being called.<p>Tom, for all his brilliance, was having none of it. The police came through the door and Tom attacked the first one through the door with his knife.<p>I&#x27;d like to say he put up a good fight, that he gave a good showing, and that he fought long and hard. No, he did no such thing. Cops being cops, Tom hadn&#x27;t made it more than a couple of steps before they shot him.<p>Tom survived and is now back in that same State hospital. His letters tell me that he is even back in the same room. He expects to remain there for the rest of his life and likes to think he was sane, but just desperate, when the shoplifting occurred. He strongly suspects the system has made him even less sane and even more unstable. He seems to be okay with spending his life there.<p>All for some clothing to fit in at university...
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mabboover 7 years ago
There was a very high profile case in Ontario over a decade ago. Basically, the man went into an absolute psychotic state on the travelling bus and cut the head off a stranger while everyone else on the bus ran for their lives.<p>A decade later, he&#x27;s been released- under a lot of conditions and on a lot of medication, but people are very upset that he&#x27;d ever be free at all. In interviews, he&#x27;s a very interesting person. &quot;Regret&quot; and &quot;shame&quot; aren&#x27;t strong enough words.<p>It&#x27;s a hard debate- if he was not guilty due to a medical condition, then he was not found guilty and shouldn&#x27;t be in prison, certainly. But he did cut a guy&#x27;s head off. Would you want to live next to the guy who did that <i>while not in control of himself</i>?<p>It&#x27;s the extreme end of the situation, to be certain, but extremes are a great place to examine any system.<p><a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Killing_of_Tim_McLean" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Killing_of_Tim_McLean</a>
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throwawaydbdover 7 years ago
This happened to a family member of mine and it&#x27;s honestly the best possible outcome for people as out of touch with reality as he is. This may not be the best system for some that get caught in it, but it does serve a purpose in dealing with the criminally insane.<p>He was too dangerous and unpredictable to live with us anymore. The rest of the family kept weapons under our beds of various kinds, hoping to God we would never need to use them. A group home was a joke, he would have assaulted someone within a week. He would escape and start driving on the wrong side of the road on purpose for &quot;reasons&quot;. We hid the keys, but he was above normal intelligence despite his insanity and would always find them. He would attack his family and the neighbors when he thought we were after him.<p>His prospects were jail and homelessness, we were so happy when he ended up in a high security mental facility, ecstatic.<p>Now he&#x27;s in a place that&#x27;s better than jail or being homeless where people care about him at least a slight amount and there&#x27;s relative safety. He&#x27;s not surrounded by criminals, behind bars, or dying on the street.<p>Yeah, it&#x27;s not a great place to be, but the best outcome an extremely schizophrenic large male can hope for. He doesn&#x27;t deserve jail because he has no bearing on what is allowed in society and attacks people out of fear. When he&#x27;s calm it can seem like you&#x27;re talking to a normal person for a few minutes. Then he goes off the rails... But still there&#x27;s a really intelligent shard of sanity in there somewhere.
nodesocketover 7 years ago
Just finished Manhunt: Unabomber[1] on Netflix. According to the show, it was Ted Kaczynski&#x27;s entire defense to rebuttal his charges saying forensic linguistics and the FBI agent who &quot;cracked&quot; the case had no precedent. The agent was in fact a traffic cop before becoming an FBI agent and had little formal linguistics training. Instead Ted&#x27;s defense behind his back went with insanity and tried to get him to plead to &quot;save his life&quot;. Ted chose to plead guilty instead of insanity fearing his ideology and manifesto would be ignored if he pleased insanity.<p>[1] <a href="https:&#x2F;&#x2F;www.discovery.com&#x2F;tv-shows&#x2F;manhunt-unabomber&#x2F;" rel="nofollow">https:&#x2F;&#x2F;www.discovery.com&#x2F;tv-shows&#x2F;manhunt-unabomber&#x2F;</a>
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joecool1029over 7 years ago
In Canada they get treatment and are set free without restrictions: <a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Killing_of_Tim_McLean#Aftermath" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Killing_of_Tim_McLean#Aftermat...</a>
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zf00002over 7 years ago
Louis Theroux did a 2 part documentary where he visited an Ohio psychiatric hospital that housed people who were found not guilty by reason of insanity.<p><a href="http:&#x2F;&#x2F;www.imdb.com&#x2F;title&#x2F;tt4546868&#x2F;" rel="nofollow">http:&#x2F;&#x2F;www.imdb.com&#x2F;title&#x2F;tt4546868&#x2F;</a>
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dmixover 7 years ago
&gt; In most states, like New York, there is no limit to the duration of that commitment.<p>Couldn&#x27;t the supreme court rule this type of punishment as &quot;cruel and unusual punishment&quot;? Technically there is a policy of reviewing &quot;every 2 years&quot; in perpetuity, so it&#x27;s not like they don&#x27;t have a formal punishment.<p>They mention a Supreme Court ruling regarding &quot;due process&quot; but not the 8th amendment. So it&#x27;s basically as if this is sidestepping the constitution by pretending they aren&#x27;t being punished?<p><a href="https:&#x2F;&#x2F;www.wikiwand.com&#x2F;en&#x2F;Eighth_Amendment_to_the_United_States_Constitution" rel="nofollow">https:&#x2F;&#x2F;www.wikiwand.com&#x2F;en&#x2F;Eighth_Amendment_to_the_United_S...</a>
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tryingagainbroover 7 years ago
Sorry but this is common sense. &quot;I killed him but I was insane and I want to get out,&quot; nope, sorry but I don&#x27;t think you should my neighbor unless someone makes sure that you are sane.