Thursday, October 20, 2005
San Francisco Mother of 3 Under Arrest
I always feel dispare when on of these stories surfaces. I am horrified by the death of a child, but I look at the situation and wonder if the mother is guilty of a crime. Don't get me wrong on this, I am not saying that she didn't do anything wrong when she threw/dropped her children off the bridge into the San Francisco Bay. But if she were mental ill, and the linked article from CNN seems to indicate that she likely was, I really have to say I don't know that she is guilty of a crime.
Having stated that, these cases always show a problem with the legal system in this country. We like to say we are very humane, but are we really being humane to make a person who is genuinely mental ill go through the tough decision of trying to make a choice between guilty and not guilty by reason of insanity. The option that seems to be missing is guilty but insane.
This situation is a perfect case where this would be a viable type of option, instead of not guilty by reason of insanity. With a guilty but insane plea the accused would be admitting to having committed the crime that they are guilty of, but been able to get the help they need. With this plea as an option the 'criminal' would go to a secure facility for treatment for the illness that they have, and if they ever reach a situation where they are considered to be 'cured' of the mental illness, they would then transfer to a standard prison to serve out the rest of the term for the crime they committed.
I am unsure how this all would work under the law, but I think it is a better option than what exists.
Having stated that, these cases always show a problem with the legal system in this country. We like to say we are very humane, but are we really being humane to make a person who is genuinely mental ill go through the tough decision of trying to make a choice between guilty and not guilty by reason of insanity. The option that seems to be missing is guilty but insane.
This situation is a perfect case where this would be a viable type of option, instead of not guilty by reason of insanity. With a guilty but insane plea the accused would be admitting to having committed the crime that they are guilty of, but been able to get the help they need. With this plea as an option the 'criminal' would go to a secure facility for treatment for the illness that they have, and if they ever reach a situation where they are considered to be 'cured' of the mental illness, they would then transfer to a standard prison to serve out the rest of the term for the crime they committed.
I am unsure how this all would work under the law, but I think it is a better option than what exists.