[ SECRET POST #4267 ]

[case]

⌈ Secret Post #4267 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

Secrets Left to Post: 01 pages, 36 secrets from Secret Submission Post #611.
Secrets Not Posted: [ 1 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Comments

[(Anonymous)]

cool motive

still murder

[tabaqui]

If a person is deemed intellectually disabled to a certain extent, isn't that a mitigating circumstance in any prosecution? Rather like mental illness?

[(Anonymous)]

certainly not any, there have been mentally disabled people executed in the usa for murder

[tabaqui]

Well yes, but that's a huge bone of contention for a lot of people. Considering how fucked up the application of the death penalty is in the US.

[(Anonymous)]

well if your question was supposed to be "don't you THINK that should be a mitigating circumstance" then my answer is "haha i'm not touching that discussion with a 10ft pole"

[tabaqui]

Apparently, it is, since 2002.
https://www.tandfonline.com/doi/full/10.1080/13218719.2016.1187243

[(Anonymous)]

and yet people with intellectual disabilities have been executed because the measure for how disabled you have to be is up to the state

[tabaqui]

Yes, I am aware that they have been.
Apparently Texas and Georgia are still doing it with impunity, among six states that regularly carry out the death penalty.

[(Anonymous)]

then what is your point what are you trying to say???

[tabaqui]

...that intellectual disability is a mitigating factor. Which is what I started off saying. Whether that mitigation makes a difference or not in actual prosecution is a different discussion.

[(Anonymous)]

ahuh

[(Anonymous)]

I would say that that's a question for trial and has nothing to do with whether someone has the right to his or her self against him.

[tabaqui]

I'm sorry, I don't understand what you're saying. The right to his or herself...what?

[(Anonymous)]

They obviously mean 'defend'.

[tabaqui]

Well not *obviously*, or I wouldn't have asked them to clarify.

[(Anonymous)]

I would imagine yes, to some extent, but I'm not sure how much of a difference it makes in practical terms. If the person has shown themselves to be a serious danger to others and there's no way to fix that, then keeping them away from the general population would be a necessary step, and thus "not guilty due to reason of insanity" doesn't mean they just walk free. That amounts to life in prison, or life in an institution, rather, which I guess may be nicer, but it still sounds like life in prison to me. Either way, the result is pretty much the same.

(My state hasn't had capital punishment for a bazillion years, so not getting sentenced to death due to mitigating circumstances is irrelevant around here.)

I think when victim's loved ones get angry over "not guilty due to reason of insanity" it's that trials don't just mete out punishments, but also determine fault in the eyes of the law, so it's like hearing "This guy murdered your son, but it's not his fault" and that can be pretty rough to hear, even though you know the guy is getting locked up anyway.

[tabaqui]

Apparently, in 2002 SCOTUS said that executing a person with an intellectual disability was unconstitutional. Seems it would also be unconstitutional to accuse them of murder if they don't understand the concept, but that doesn't seem to be part of it.

Texas and Georgia are still executing people with ID.

[philstar22]

The standard for "not guilty by reason of insanity" is incredibly high. It is very, very rarely won. It is only won in cases where the person really had no idea what they were doing, no grasp of reality whatsoever.