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[ROUGH ROUGH DRAFT] Insanity Defense Ban

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Edrace
Lobbyist
 
Posts: 17
Founded: Mar 01, 2021
New York Times Democracy

[ROUGH ROUGH DRAFT] Insanity Defense Ban

Postby Edrace » Thu Mar 04, 2021 10:06 am

Commending the idea that crimes should become less punisher simply because of a mental state

Recognizing that the ability to simply use ones perspective to reduce a criminal punishment can be easily exploited

Understanding that ignorance of the law is not an excuse and it is not just that the victim of a crime will still suffer the same, regardless of the mental state of a person

Realizing that there alternative ways to create for a more just system where perspective still plays a key role

This legislature enacts the following:
All WA nations must abolish the Insanity Defense and replace it with the much more just Men's Rea Defense

I spent like 5 minutes on this and it shows
Last edited by Edrace on Thu Mar 04, 2021 2:46 pm, edited 2 times in total.

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Hookah Castle
Civil Servant
 
Posts: 7
Founded: Jan 16, 2021
Inoffensive Centrist Democracy

Postby Hookah Castle » Thu Mar 04, 2021 2:10 pm

So would we also need to get rid of mental health clinics? I mean not all patients are "criminally insane" but without the distinction wouldn't the end result be harsher punishments on the mentally ill when they might be...cooperative...citizens if they were just on meds and maybe parole for a while?

I mean you could give it a try. Far be it for me to say no to spreading misery lol. But remember capital punishment is considered a violation of WA law too so it's going to hurt your budgets if you do this. If not the mentally ill, think of your poor innocent wallets.

THAN AGAIN needlessly raising taxes just to put more people in prison for longer is pretty based. Perhaps if instead of deeming all the mentally ill as criminally intent, we deem all of the criminally intent as mentally ill...

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Greater Cesnica
Negotiator
 
Posts: 6840
Founded: Mar 30, 2017
Anarchy

Postby Greater Cesnica » Thu Mar 04, 2021 2:42 pm

"Ambassador, would you at least correct the title of your draft to read 'Insanity' instead of 'Instanity'? Would certainly help people take it somewhat seriously. Nevertheless, I am vehemently opposed to the insanity defense being abolished by this Assembly."
Last edited by Greater Cesnica on Thu Mar 04, 2021 2:43 pm, edited 1 time in total.

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Edrace
Lobbyist
 
Posts: 17
Founded: Mar 01, 2021
New York Times Democracy

Postby Edrace » Thu Mar 04, 2021 2:44 pm

Hookah Castle wrote:So would we also need to get rid of mental health clinics? I mean not all patients are "criminally insane" but without the distinction wouldn't the end result be harsher punishments on the mentally ill when they might be...cooperative...citizens if they were just on meds and maybe parole for a while?

I mean you could give it a try. Far be it for me to say no to spreading misery lol. But remember capital punishment is considered a violation of WA law too so it's going to hurt your budgets if you do this. If not the mentally ill, think of your poor innocent wallets.

THAN AGAIN needlessly raising taxes just to put more people in prison for longer is pretty based. Perhaps if instead of deeming all the mentally ill as criminally intent, we deem all of the criminally intent as mentally ill...

I’m not saying to ban mental health clinics, I’m just going to copy what Kansas did

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Jedinsto
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Posts: 403
Founded: Nov 12, 2020
New York Times Democracy

Postby Jedinsto » Thu Mar 04, 2021 2:47 pm

Greater Cesnica wrote:"Ambassador, would you at least correct the title of your draft to read 'Insanity' instead of 'Instanity'? Would certainly help people take it somewhat seriously. Nevertheless, I am vehemently opposed to the insanity defense being abolished by this Assembly."

This.
My drafts
James DuBois
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Barfleur
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Posts: 475
Founded: Mar 04, 2019
Left-Leaning College State

Postby Barfleur » Thu Mar 04, 2021 3:08 pm

"Ambassador, how, exactly, can the insanity defense be exploited? In Barfleur, a defendant pleading not guilty by reason of insanity (whether temporary or permanent) must prove that they suffer from a mental illness or other defect and that such illness or defect is responsible for their crime. That is no easy thing. In addition, even if it were easier to exploit, I believe it is far preferable to allow it to be exploited than to allow people to face criminal punishment for an act they may not understand or are otherwise genuinely not responsible for."

(OOC: Generally speaking, "I'm going to copy what Kansas did" is not a particularly good selling point.)
Last edited by Barfleur on Thu Mar 04, 2021 3:10 pm, edited 1 time in total.
Barfleur: Unus pro omnibus et omnes pro uno
Citizen of The East Pacific
“Sweatpants are a sign of defeat. You lost control of your life so you bought some sweatpants.”
― Karl Lagerfeld
Ambassador: Roger MacGeorge
Military Attaché: Colonel Lyndon Q. Ralston
Co-author, GA#534.
The Barfleurian World Assembly Mission can be found at Room 1903, Floor 19, WAHQ.

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Greater Cesnica
Negotiator
 
Posts: 6840
Founded: Mar 30, 2017
Anarchy

Postby Greater Cesnica » Thu Mar 04, 2021 3:14 pm

Barfleur wrote:"Ambassador, how, exactly, can the insanity defense be exploited? In Barfleur, a defendant pleading not guilty by reason of insanity (whether temporary or permanent) must prove that they suffer from a mental illness or other defect and that such illness or defect is responsible for their crime. That is no easy thing. In addition, even if it were easier to exploit, I believe it is far preferable to allow it to be exploited than to allow people to face criminal punishment for an act they may not understand or are otherwise genuinely not responsible for."

(OOC: Generally speaking, "I'm going to copy what Kansas did" is not a particularly good selling point.)

"We echo Ambassador MacGeorge's sentiments."

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The New California Republic
Post Czar
 
Posts: 33716
Founded: Jun 06, 2011
Civil Rights Lovefest

Postby The New California Republic » Thu Mar 04, 2021 3:15 pm

This is your fourth idea for a proposal in the space of a day. It's generally a good idea to focus on a single one, rather than going for a shotgun effect in the hope that something will hit the target.

But absolutely against this idea. If someone is clinically insane then they are not accountable for their actions.

Also, it's "mens rea", not "men's rea."
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
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