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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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Hi there IS MISE...

I thought I've got it wrong for all those years? First sequence; double tap, centre mass - second sequence; fire your warning shot!
Posted by o sung wu, Saturday, 6 January 2018 3:56:25 PM
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The instructions I was given at the International T.E.A.L. Conference at Canungra in 65 were;

1. Halt! Halt, Halt or I'll fire!
if they don't stop
2. Fire one round in the Ground.
If they don't stop.
3. Fire one round in the air.
If they don't stop.
4. Fire one round in the Centre of Mass.
5. Call out the Guard.
Posted by Jayb, Saturday, 6 January 2018 4:45:35 PM
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Hi o sung wu,

Yes, both medical and social scientists have definitely acquired a far better understanding of insanity since the M'Naghten Rule. Nowhere do I think this is more glaring than in the fact that the presiding judge in the M'Naghten case referred to insanity as a “disease of the mind” (terminology which, as you are probably aware, is still used in the legal world), which, by today's standards, is considered an unscientific and inaccurate way of putting it.

Complicating matters, however, is the various degrees to which an accused can be incapable knowing what they were doing, and that it was morally wrong. So, to that extent, M'Naghten’s Rule is becoming considered an increasingly inadequate common law standard by which to determine the level of guilt that an accused must bear. Unfortunately for us in Queensland, our Criminal Code still relies heavily on the black-and-white standard of M'Naghten’s Rule.

I can’t remember reading or hearing of many instances where an accused’s Counsel tried to beat a murder indictment with The Rule, but it does not surprise me one bit that, in your experience, such cases were rare. It’s a hard defence to mount. In fact, from my understanding, it is far more likely that an insane person will be convicted as a sane person than the other way around.

Anyway, all the best to you and yours, too, and thanks for sharing your experiences. They’re always interesting to read and useful to take note of.
Posted by AJ Philips, Saturday, 6 January 2018 9:56:34 PM
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Hi there A.J.PHILIPS...

Your first paragraph was indeed interesting, given how 'worn and torn' poor ol' McNAGHTEN has now become. As I mentioned earlier, I thought with time, judicial scholars would've looked at modifying or revising, the Insanity test in collaboration with our learned Psychiatric scholars. Yet for some reason they appear somewhat reticent in tackling this old fashioned, 1834 Judgement, that's prompted so many argument, in and outside Courts of law?

Like your State of Queensland, NSW is also quite intransigent, in shifting from this position as well. In my 32 years, one particular homicide matter, of which I had substantial responsible for; was; Archibald Beattie McCAFFERTY - three counts of wilful Murder. Long and short of it - police & DPP agreed, notwithstanding Archie was clearly a very disturbed individual, at the time of the murder, he knew precisely what he was doing, was wrong.

I will freely admit to you A.J.P., though I never actually feared many individuals in my time in the job; I did fear Archie, if ever he managed to get behind me, I was in trouble. I was bigger, he was only of medium build and height (5ft 10" or 5ft 11"). He somehow managed to project this aura, of sheer malevolence. Which tended to unsettle all those around him, including other detectives. As it was me, who spoke with him mostly, nevertheless others became watchful and guarded in his presence.

It was my humble opinion he was attempting to project himself, as a 'Charles MANSON' figure, which of course we couldn't or wouldn't condone. I was amazed he didn't manage to have his charges dealt with pursuant to McNAGHTEN? Everyone who had anything to do with him described him as being mad! There you go eh. Last info. I had, he's back in Scotland having been deported at the expiration of his sentence - what price three lives I wonder?

Thank you very much for your most kind sentiments, they're greatly appreciated indeed.
Posted by o sung wu, Sunday, 7 January 2018 5:18:01 PM
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Oh Steelie with African American jobless at an All time low i thought you regressives would concede just a little. Like i said hatred really blinds you lot.
Posted by runner, Monday, 8 January 2018 1:16:43 PM
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runner: Oh Steelie

Steelie? Steelie! I didn't see a post from me ol' mate Steelie. I thought Steelie must have copped one in Syria we haven't heard from her for so long.
Posted by Jayb, Monday, 8 January 2018 2:32:53 PM
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