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Originally Posted by FLAMESRULE
And thats why I have little faith in the justice system. Somehow this guy was allowed to roam around freely as he chooses prior to the murder.
If he cant be found mentally fit to go to jail then how is allowed free access to society?? Do we need to have a mental competency/fitness test for anyone over 18 to be in a "free" society??
He is absolutely criminally responsible and needs to pay for the crime. I have a very tough time believing any amount of rehab/treatment is going to help this guy.
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It is important to ensure we use terms properly. He was found mentally unfit to stand trial. The basis of our system is you have to have the mens rea, or mental intent, to commit the crime, the actus reas.
If he is unfit to stand trial then he is not able to understand the charges against him and provide evidence in his own defence. Essentially that is locking him up without a trial. While many may believe he deserves that, our system says that is not right. We don't lock up kids or people with severe mental disabilities.
However, my understanding is that a mental hospital is a far greater punishment. When I was at Queens my professor was Don Stuart, he literally wrote the text on criminal law, and he said that from his experiences with mental hospitals, it was not something to be contemplated lightly for your client. It was a horrid existence. It he can not be "cured" he will not get out. Period. In essence this is indefinate detention, different from Bernardo and Olsen et al.
Any actual criminal lawyers please step in to correct any errors I may have made.