Legal Systems, Prisons, etc.

  • killerariaisa

    killerariaisa (100)

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    @ dru is beautiful.
    What would happened if a mentally ill person refused to go to the hospital? Would they still have to go?

    Like, if a person is over 18, I don't think they can be forced to do anything, can they?
    March 17th, 2015 at 08:04pm
  • Iron Man.

    Iron Man. (885)

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    @ killerariaisa
    I kinda think it depends on the severity of their mental illness and if they're a danger to themselves and others. I could be wrong.
    March 17th, 2015 at 08:44pm
  • killerariaisa

    killerariaisa (100)

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    @ Z Warrior Hina
    That sounds right, but I'm not 100 percent sure either
    March 17th, 2015 at 09:37pm
  • bona drag.

    bona drag. (935)

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    @ killerariaisa @ Z Warrior Hina
    If that is the court's ruling, they do not have the choice to reject their sentence. Pleading insanity is not an acquittal. If the defence enters a plea of insanity, they're stating the defendant's impaired mental ability led them to commit a crime they otherwise would not have in a clear state of mind and they are seeking psychiatric treatment in lieu of a prison sentence, or in addition to it in some cases depending on certain factors.

    A convicted person cannot refuse to serve their prison sentence and a person who entered a successful plea of insanity in which they were sentenced to hospitalisation by a judge cannot refuse to undergo treatment regardless of their age.
    March 17th, 2015 at 10:38pm
  • killerariaisa

    killerariaisa (100)

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    @ bona drag.
    Yeah that makes sense.
    Someone told me that if a woman is on her period and murders someone, then she can plead insanity.

    I don't believe that.
    March 18th, 2015 at 12:28pm
  • bona drag.

    bona drag. (935)

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    @ killerariaisa
    You're right to not believe your friend. That's definitely not how insanity works. When someone pleads not guilty by reason of insanity, they are evaluated by a professional to determine the validity of their claim. Their plea can be denied if they are thought to be faking it or if their ability to control their actions or determine right from wrong is not compromised.

    Menstruation causes hormone changes in a woman, but it most certainly does not drive a women to murder someone if she wouldn't do it while not on her period. There's billions of women in the world who don't turn murderous every menstrual cycle so that would never hold up as a defence in any court of law.
    March 19th, 2015 at 04:07am
  • lonely girl.

    lonely girl. (250)

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    @ killerariaisa
    Just off topic from committing a crime, but a psychiatrist has the legal ability to forcibly admit someone into a psychiatric facility, if he / she deems the person mentally unstable enough / a serious danger to themselves or others, regardless of age. I think minors have to have guardian consent (or it may be 16?).
    March 19th, 2015 at 12:30pm
  • killerariaisa

    killerariaisa (100)

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    @ bona drag.
    I almost do when I don't get my chocolate but you have to pick your battles lmfao

    @ cavalier youth.
    That's true. When I was suicidal, I managed to convince my therapist that I wasn't a danger to myself and it worked.
    March 19th, 2015 at 01:48pm
  • folie a dru.

    folie a dru. (1270)

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    @ killerariaisa
    In the late 1800s PMDD was used as a defense in, like, three cases. (It's the more severe form of PMS). But a case in the US or more recently has not used t as a successful defense, unless one has happened more recently than the article I read.
    March 20th, 2015 at 05:16pm
  • CallusedSilk

    CallusedSilk (100)

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    @ sheepcat;
    It honestly depends on the jurisdiction of (different jurisdictions have different rules) and whether or not it falls into a case of 'danger of self or others' because if that's the case then the state can step in in loco parentis and involuntarily commit the individual regardless of age. The parents can, of course, try to fight it, but if the state is determined then they can and sometimes do threaten to take the parents to court to get custody from the parents. That is regardless of age in a lot of areas. I know in my area at least I'm pretty sure it's regardless of age.

    @ bona drag.
    I'm not entirely sure how the insanity plea works in Europe, but at least in America, even if the person was found to be suffering from a debilitating mental illness and every single psychiatrist on the planet agreed on it, that's still not a guarantee that they would be able to go to a mental hospital instead or have the insanity plea work at all. That's because for the majority of states that do have the insanity plea (some states don't have the option at all), the qualifications for getting the insanity plea to actually work is proof beyond a reasonable doubt that at the time of the killing the person did not know right from wrong.

    That is excruciatingly hard to prove, which is why it's only used in about 1% of cases and only works in about 1% of that 1%. Also, most crimes where the insanity plea are used are actually very minor crimes like shoplifting or loitering. Mostly because those individuals are homeless.
    April 24th, 2015 at 06:35am