HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Mental Illness, Evil, and... » Reply #7
In the discussion thread: Mental Illness, Evil, and Blame [View all]

Response to The Velveteen Ocelot (Reply #6)

Wed Apr 3, 2013, 12:58 PM

7. There is some agreement among many states in re: criminal insanity as a defense

...but that consistency is worth less than non-lawyers generally assume, for the reasons you bring up and more. And some states still follow other rules. On state levels, Supreme Courts base their judgments on the established law for that state, and while they may review precedents from other jurisdictions (including Federal) the established body of interpretation for each state differs. And "mental illness," "incapacity," "insanity" and other such terms are defined in civil as well as criminal codes, sometimes in very confusing terms.

Expecting these complicated issues to be resolved via public policy and judicial interpretation is still pretty futile, and centering the discussion in that arena will perpetuate damaging stigma, promote unrealistic expectations, and result in a high probability of poor public policy full of negative unintended consequences.

Of course, the law MUST have an evolving vocabulary, understanding, and practice in connection with mental illness-- I'm not saying it shouldn't. I'm saying that the rest of us need to lift the discussion OUT of that arena, acknowledge the complexity, and apply it across the many areas where it's needed. The goal should be to build communities that deal positively with mental illness, enable people who suffer from mental illnesses to access help, and promote their recovery over the long term.

Apart from questions of blame, evil, criminality, etc.

But it's a big windmill, and I have a very small toothpick.

regretfully,
Bright

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 16 replies Author Time Post
TygrBright Apr 2013 OP
elleng Apr 2013 #1
Neoma Apr 2013 #2
liberal_at_heart Apr 2013 #3
TygrBright Apr 2013 #5
Neoma Apr 2013 #4
The Velveteen Ocelot Apr 2013 #6
LineLineNew Reply There is some agreement among many states in re: criminal insanity as a defense
TygrBright Apr 2013 #7
The Velveteen Ocelot Apr 2013 #11
TygrBright Apr 2013 #12
The Velveteen Ocelot Apr 2013 #13
davidthegnome Apr 2013 #8
TygrBright Apr 2013 #10
winter is coming Apr 2013 #9
caseymoz Apr 2013 #14
libodem Apr 2013 #15
BainsBane Apr 2013 #16
Please login to view edit histories.