It is said that human are capable of making decisions freely and knowingly. Once action is made, you can no longer revert it. That is why, being mindful to our actions is of great importance.
Let us say, someone committed a crime. That person is said to be mentally ill. Now, the question is - Will he be morally liable? Criminally Liable? Or both?
You can freely expressed your thoughts. Probably, there will be three groups which will be formed. The first one may say the person is either morally liable or criminally liable. The second one may say neither of the two. Lastly, the third group may say both.
As for me, this is my standpoint.
In cases such as this, emotional shortfalls of a person with the neurotic disorder should be considered in legal judgments of criminal responsibility. It is of great importance also to note that emotion is important for moral judgment and behavior. As per the study that talks about if it is wrong to criminalize and punish psychopaths (Glenn et al., 2011), criminal law should include increasing psychological and neuroscientific evidence to be able to address equitable judgments concerning legal or moral violations.
As to ethics and psychology, people who have done a crime but deemed to have a neurotic disorder, such as schizophrenia, who may have damaged cognitive capability as evidenced by increasing psychological and neuroscientific pieces of evidence, usually fall under the principle of invincible ignorance. Such individuals cannot be held as morally liable since they lack conscience and the ability for moral recognition and rationality.
As to the law, a PND who has done a crime can be charged under the law wherein mental illness can be asserted as a complete defense (Judge Brewbaker, 2019). If the judge founds out that such individual is legally insane upon the execution of the crime, he/she will be found not guilty by reason of insanity and could be subject to be treated under a mental health facility. However, it is crucial to note that mental illnesses differ from one another. Suppose the person is found mentally ill but not legally insane (Kleptomaniacs, for example) upon the execution of the crime. In that case, the sentence should be guilty but mentally ill. If the person is incompetent or mentally disabled at the time of sentencing, he/she will be given a chance to be treated and should be placed to other forms of civil control, given that society is still protected, before incarceration.
How about you? What is your standpoint?
Again, you can freely expressed your thoughts. Probably, there will be three groups which will be formed. The first one may say the person is either morally liable or criminally liable. The second one may say neither of the two. Lastly, the third group may say both.
Let us make this discussion healthy. You may write down below your thought towards your stand about the given topic. Let us hear from each other and gain additional knowledge at the same time.
Thanks for reading!
Disclaimer:
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This topic is for discussion purposes only.
It is my first post here and I hope that you like it. If you have something in your mind, fewl free to write it down below. Thank you!