December 11, 2010

Crime Acquital Based on Mental Illness

Aside from the judge's stated finding, not meeting the requirement that the defendant did not know right from wrong because of the alleged mental illness, the lawyer's remarks are more troubling. Psychiatrists make diagnoses based on behavior and speech. If the lawyer's standard is adopted there is no need for any "symptoms" to make a diagnosis. A psychiatrist can say anything about anyone even if there is no speech or behavior which the psychiatrist does not like or does not understand. If the psychiatrist does not like the person he may simply accuse the person of having any mental illness -- Oh? You say they already do that? For a defense lawyer this is great. It allows anyone to use any mental illness to escape liability from their criminal acts.

[From article]
“I find that (Tang) did have a mental disease or defect that was in large part the driving factor for her behavior,”

http://bostonherald.com/news/columnists/view.bg?articleid=1302161

Anna Tang
Photo by AP
Anna Tang

Stab at insanity plea pays off

Student who knifed ex soon may continue classes

By Peter Gelzinis
Boston Herald
Friday, December 10, 2010

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