- Jul 26, 2010
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Also incorrect. There is no diagnosis of 'sociopath', it is a media and pop culture term only, and it basically means nothing and everything, and is nothing more than a vague adjective. There is anti-social personality disorder which is used for a specific pattern of behavior, and it is legally recognized. That disorder, however, does not legally excuse or mitigate crime.
But to be perfectly frank, NO mental disease in and of itself automatically mitigates or excuses crime.
Nor does the LEGAL definition of 'insanity' have the SLIGHTEST thing to do with any diagnosis of mental illness. Diagnoses are medical and insanity is an ancient legal concept and never the twain shall meet or have the slightest thing to do with each other.
It is a very fixed and basic principle of American law that the mentally ill are 'equal' to the non mentally ill, and that in general, there is no built in 'excuse' or even mitigation, for murder or similar violent crimes, that is guaranteed to accompany any mental disorder.
It is not even a guarantee that a mental disease will be seen as relevant at all to a case, criminal or otherwise.
But do understand: the 'insanity defense' and similar pleas, are the rarest used and the rarest won pleas currently and in the history of the American judicial system.
The plea 'guilty but insane' mostly determines WHERE the convicted criminal serves his time.
Plus, keep this in mind: Historically, any time a person has WON an 'insanity defense' they have served far longer in a locked mental institution than they would have if merely 'guilty' and sent to jail. But that is changing. The only current trend for lengthy incarceration of supervision of any kind for any crime, is for sexual violent crimes against children.
But to be perfectly frank, NO mental disease in and of itself automatically mitigates or excuses crime.
Nor does the LEGAL definition of 'insanity' have the SLIGHTEST thing to do with any diagnosis of mental illness. Diagnoses are medical and insanity is an ancient legal concept and never the twain shall meet or have the slightest thing to do with each other.
It is a very fixed and basic principle of American law that the mentally ill are 'equal' to the non mentally ill, and that in general, there is no built in 'excuse' or even mitigation, for murder or similar violent crimes, that is guaranteed to accompany any mental disorder.
It is not even a guarantee that a mental disease will be seen as relevant at all to a case, criminal or otherwise.
But do understand: the 'insanity defense' and similar pleas, are the rarest used and the rarest won pleas currently and in the history of the American judicial system.
The plea 'guilty but insane' mostly determines WHERE the convicted criminal serves his time.
Plus, keep this in mind: Historically, any time a person has WON an 'insanity defense' they have served far longer in a locked mental institution than they would have if merely 'guilty' and sent to jail. But that is changing. The only current trend for lengthy incarceration of supervision of any kind for any crime, is for sexual violent crimes against children.
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