Ironworks Gaming Forum - View Single Post - Supreme Court Bars Execution of Mentally Retarded

Mouse · 06-21-2002, 05:29 AM

And just how long has it taken to come to this startling conclusion ??? It has long been a principle of most countries where the legal system has grown from Roman Law/Common Law roots that any crime must have two parts.

a) Actus Reus - the actions
b) Mens Rea - the intent

Part b) implies that someone has the capacity to understand the "criminality" of the action and either choses to commit the crime anyway or is so reckless that such an intent can be implied.

Those who have the mental capacity to understand the crime and are found guilty are subject to whatever penalty the law prescribes. Those who do not have the capacity cannot be convicted, but may be subject to restraint or treatment if they are a danger to themselves or society.

IMHO, this judgement can been seen as a logical extension of the "not guilty by reason of insanity" plea. What it does not imply is that a whole bunch of murderers of diminished mental capacity will be set free. What it does imply is that they should be treated in a more compassionate manner, for example in secure hospital facilities.

[ 06-21-2002, 05:30 AM: Message edited by: Mouse ]

06-21-2002, 05:29 AM	#2
Mouse Ironworks Moderator Join Date: March 1, 2001 Location: Scotland Posts: 2,788	And just how long has it taken to come to this startling conclusion ??? It has long been a principle of most countries where the legal system has grown from Roman Law/Common Law roots that any crime must have two parts. a) Actus Reus - the actions b) Mens Rea - the intent Part b) implies that someone has the capacity to understand the "criminality" of the action and either choses to commit the crime anyway or is so reckless that such an intent can be implied. Those who have the mental capacity to understand the crime and are found guilty are subject to whatever penalty the law prescribes. Those who do not have the capacity cannot be convicted, but may be subject to restraint or treatment if they are a danger to themselves or society. IMHO, this judgement can been seen as a logical extension of the "not guilty by reason of insanity" plea. What it does not imply is that a whole bunch of murderers of diminished mental capacity will be set free. What it does imply is that they should be treated in a more compassionate manner, for example in secure hospital facilities. [ 06-21-2002, 05:30 AM: Message edited by: Mouse ] __________________ Regards Mouse (Occasional crooner and all round friendly Scottish rodent)