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Supreme Court rules states can eliminate insanity defense
The Hill ^ | 03 23 2020 | Harper Neidig

Posted on 03/23/2020 8:08:37 AM PDT by yesthatjallen

The Supreme Court on Monday ruled that states can effectively eliminate the insanity defense for criminal defendants who suffer from mental illness.

The 6-3 ruling holds that a Kansas law preventing the exoneration of defendants who claim a diminished mental state is not unconstitutional.

In an unusual alignment for the bench, Justice Elena Kagan, considered among the more liberal justices, wrote the majority opinion and was joined by her five conservative colleagues. Three liberal justices — Stephen Breyer, Sonia Sotomayor and Ruth Bader Ginsburg — dissented.

"Defining the precise relationship between criminal culpability and mental illness involves examining the workings of the brain, the purposes of the criminal law, the ideas of free will and responsibility," Kagan wrote. "It is a project demanding hard choices among values, in a context replete with uncertainty, even at a single moment in time. And it is a project, if any is, that should be open to revision over time, as new medical knowledge emerges and as legal and moral norms evolve.

SNIP

(Excerpt) Read more at thehill.com ...


TOPICS: News/Current Events
KEYWORDS: capitalpunishment; communistgoals; crime; insanitydefense; insanityplea; supremecourt
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To: Repeal 16-17
My understanding is that Kagan is more of an "originalist" judge than you might expect when it comes to matters involving contract law.

This one involving a criminal case kind of caught me off guard.

21 posted on 03/23/2020 9:04:37 AM PDT by Alberta's Child ("Oh, but it's hard to live by the rules; I never could and still never do.")
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To: yesthatjallen

Good.


22 posted on 03/23/2020 10:07:29 AM PDT by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: teeman8r

Agreed. You don’t get someone committing murder and then getting out of an institution after a few years in a psych ward.


23 posted on 03/23/2020 10:22:13 AM PDT by tbw2
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To: yesthatjallen

Thank God, closing a vagina card loophole.


24 posted on 03/23/2020 11:04:25 AM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: yesthatjallen

Let’s hope the states are smart enough to do this.


25 posted on 03/23/2020 3:42:04 PM PDT by maxwellsmart_agent
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To: teeman8r

I just found this article. Do the guilty get judged innocent because of insanity?


26 posted on 07/04/2023 6:16:54 PM PDT by NetAddicted (MAGA2024)
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To: NetAddicted

mostly yes...

it is stupid... guilty for reasons of insanity...


27 posted on 07/04/2023 7:32:13 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: dfwgator

i do this in traffic court all the time

judge: how do you plea?

me: not guilty for reasons of insanity.

Judge: you’re crazy.

me: i’d like to call you as my first witness.


28 posted on 07/04/2023 7:34:25 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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