Quote:
Originally Posted by Titan
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.
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Thanks Titan.
I guess my point is that there needs to be a separation from being able to stand trial (IMO anyone who breaks the law should stand trial) and what the penalty is. Why should anyone be declared unfit to stand trial?? There should be no exclusions for a free democracy to be able to skip the trial portion. He murdered someone. Fact. He is Guilty of murder, by definition of the law. I believe he is criminally responsible regardless of his mental condition.
Now how he is sentenced can be left up to those that know best (judges, lawyers, psychiatrists, etc.). Clearly someone who is suffers from some mental disease or is not compus mentus (sp??) should not face the same penalty. This would ideally allow those that may be able to get rehabilitation to be a benefit and positive to society.
My first point is that this was likley preventable. People knew he was unstable so how was he allowed to stay in Canada (IIRC he was from the Far East, but dont know for how long)?? And if people knew how unstable he was, why wasnt he monitored more closely? I doubt anyone here knows the answers, I certainly cant.