Quote:
Originally Posted by Captain_Obvious
I see a lot of posts with people referring to cases and people they knew first or second hand being successfully treated for mental illness.
If someone you know tried to harm themselves (suicide attempt) or broke a window or had a mild episode that's one thing.
This guy cut off someone's head and ate them.
That's not even in the same stratosphere of conversation of anything that's been brought up as a comparison.
It's game over for this guy. That was heinous, violent and 100% unforgivable under any circumstances. We're not talking about a guy who forgot to take his meds, got angry and broke a window.
Whether or not he can be rehabilitated to a point where it's nearly certain he wouldn't do something like that again is completely beside the point. He already did it and deserves the harshest punishment that can be bestowed under our laws. He should be in a facility and should never leave it.
There are no day passes and scenic trips in to town for guys who slay and behead innocent people. Regardless of the circumstances.
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You are taking a completely moral (and untenable) position here. The intent requirement for murder could not be met here because Li was having a psychotic episode and thus acting without intent. How can you lock him away forever for murder when the justification that he used essentially nullifies the intent requirement for murder?
Do you also get up on soapboxes about taking away the liberty of soldiers for shooting enemy combatants, because they had performed a murderous act (action + intent to kill)? Or similarly for police officers in the line of duty? Really, you could argue that they are more deserving of punishment from a purely moral perspective. However, the law has been designed to carve out exemptions for them. Just like it has been designed to allow for exceptions when the clinically insane (legal term) take a life. Do you know how hard it is to successfully deploy a NCRMD defence? It is very narrow.
Criminal law, both in the trial and sentencing phases, is not a one-size-fits-all proposition. And honestly, you should be thanking your lucky stars every night before you go to sleep that that's the case.