Bolded by me. I completely disagree with the bolded statement above. I've covered at least a couple of capital murder trials where the defendant was obviously mentally ill and it sure didn't stop the state from pursuing and getting the death penalty. Everyone I interviewed on the juries afterwards said they believed the defense had proven to them the defendants were mentally ill but they didn't prove they were legally insane.
Mentally ill does not mean legally insane. If it were, many of our prisons would be empty because I'd say the majority of those who commit crimes are mentally ill to one degree or another. I've certainly seen a lot of judges make mental health treatment a condition of any present or future probation for those who had the possibility of parole.
Mental illness might be used to try to mitigate, but it can go the opposite way with juries too, convincing them that the defendant poses a danger to society.
I'm with you.
Nothing,
nothing that she has or may have can be a defense. There is NOTHING that wrong with her. If she was like Yates, OK but otherwise,
NO. That's not why Mental health defenses are in place. They are not there for people like Casey or Scott Peterson or w
hotheheckever. These defenses are there as a last resort, for the
sickest of the sick. Most of the time when there is an insanity or mental illness defense used and the person is actually ILL, or insane, the prosocution recommends the defense and it
never even goes to court. NGBRI is not a joke and it's not used lightly.
The places these people are sent to after being found "insane" are not pretty hospitals were they can roam free and get weekend passes and be sent home in a year or two. These are people who more often than not will be held longer in this LOCKED ward than they would have been had they just been sent to jail. They spend this time with other "insane", PSYCHOTIC people who have murdered and raped and G0d knows what else who have no idea what they have done is even
wrong. Sometimes, only
sometimes , can these people be drugged back to sanity, and often, once they become sane, once faced with the knowledge of what they have done, begin to cheek their meds because they have a conscious, they have guilt and regret and can't live with what they have done.
Casey and insanity have
nothing in common.
ETA- to add- Showing up to every Shrink appointment and staying on my meds (at first I had to get shots so they KNEW I was on them) and in therapy was
always a part of my probation. and IMO, rightfully so- I commited crimes when off meds! < though of course I didn't think that way at the time!! I was pi$$ed LOL> )