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The Forum > General Discussion > Is 'mental illness' too often the excuse?

Is 'mental illness' too often the excuse?

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Bazz: Of course the real action should be to remove the person doing the brainwashing and the books he is using to reinforce his inhuman project.

& those who have been or are on their way to being brainwashed.

OSW: that the accused was insane at the time he committed the act, on the lesser burden of proof, that is; 'on the balance of probabilities'

& The Magistrate doesn't want his ruling to be challenged so he gives in to the Criminal & we have another Mentally Ill person on the streets free to continue breaking the Law as they so want.

Ok, so the Rule is good to a point. The massive list of interpretations need to be looked at in great detail because those Precedence's associated with it have become squed (corrupted) over 184 years. Would you agree with that? In fact, I believe that the use of Precedence's is pure laziness on the part of Magistrates. The, "I'm too important to be bothered making my own Judgement, just give me the money."

Besides, a week or so before a Trial the Judge & the Barristers get together & decide which Precedence's to use. The Court Day is a farce to make it look good & the prior meeting saves time on the Court Day. It looks good for the people on Trial & the Public. (Information coming from an ex Magistrate Who was very pissed at a Vietnam Veterans Meeting at the time) I had to drive him home. He also said that's where they decide if the person Charged is going down, or not. How hard the Defendant Lawyer & the Prosecutor fight for their Case in the eyes of the Public. (Politics) That's why these big High Flyers get off lightly. (Bond)

Do the Precedence's need to be made Null & Void as they did with the Precedence's in the Family Law Courts in the 70's. (I was the first Case tried under the new Precedence Rules, also, I was the first Divorce under the new Divorce Laws in Australia.)
Posted by Jayb, Friday, 5 January 2018 9:11:40 AM
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Let's cut to the chase: is it possible to be perfectly sane and yet to commit atrocities in the name of Allah ? Yes/no ?

Are terrorists motivated purely by Islam or more by the sweetener of 72 virgins ? Like many young people, do they have an assumption at the back of their minds that death is sort of reversible ? Or are they so frustrated by this life that eternal life with 72 virgins sounds a pretty good alternative ?

Perhaps I'm wrong by the way, but it seems that it is believed that the families of martyrs also go straight to Paradise when their time comes.

Are terrorists misinformed by their imams, but - usually - perfectly sane ?

Joe
Posted by Loudmouth, Friday, 5 January 2018 9:21:51 AM
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http://queenslandlawhandbook.org.au/the-queensland-law-handbook/health-and-wellbeing/mental-health-laws/definition-of-mental-illness/
Posted by leoj, Friday, 5 January 2018 9:46:26 AM
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Joe,

Yes, it has been understood by criminologists for some time now that Islamic terrorists are almost invariably sane people. I'm sure the 72 virgins (it was originally 72 raisins, but there was a mistranslation at some point) helps. But, essentially, these are people who truly believe what they believe and have been radicalised. People can become radicalised and remain perfectly sane.

As Sam Harris notes in his book, The End of Faith, these are people of perfect faith.
Posted by AJ Philips, Friday, 5 January 2018 9:47:09 AM
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Joe Loudmouth
'Perhaps I'm wrong,'....
Stay with that thought, it will serve you well in years to come
Posted by Special Delivery, Friday, 5 January 2018 10:07:41 AM
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Hi there A.J.PHILLIPS...

In the course of your studies, have you known many instances where the accused's Counsel has used 'the Rule' successfully and beaten the murder indictment? Of course the few I've encountered hasn't helped them too much. NSW's, Morisset Psychiatric Centre is tantamount to being in gaol anyway? The occasions I've been up there, I was most impressed with their (chemical) security measures employed by the male nurses. As adequate and effective as I've seen with most other institutions, where they've had armed Prison Officers guarding them.

Though it's my understanding former inmates (criminally insane) previously detained pursuant to 'Governor's Pleasure' at Morisset, all have been re-moved to Long Bay Gaol, where they've built a large modern Forensic Hospital Complex, complete with a high security psychiatric wing attached thereto.

I wonder, with all their manipulation, manoeuvring & mendaciousness; whether it would be best just to shut their months, and cop to 'wilful murder', do their 15 - 18 years in the 'go slow' and with a nice new Licence, say a final 'ta ta' to gaol?

Virtually, all they gain by 'getting up' on an insanity plea,p instead of being convicted of murder, and copping life in gaol, they're found Not Guilty of murder by virtue of Insanity but are detained for an indeterminable period at the 'Governor's Pleasure'. Which can lead to years and years of being locked up, and arbitrarily receiving month after month, year in, year out, of these 'heavy mind altering drugs'. And who knows how long, the GP may be, not even the Governor I suspect?

Anyway we're now into 2018 - Surely there's been some scientific advances since the McNAGHTEN Judgement? After all 1834 is a few years ago, when the practice of psychiatry was still very much in it's infancy. Though I'm not sure what stage criminal jurisprudence had reached in terms of it's development and/or modernisation? Do you have any thoughts on this A.J. PHILLIPS? "All the best to you and yours for 2018".
Posted by o sung wu, Friday, 5 January 2018 12:03:14 PM
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