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Xithras

(16,191 posts)
20. What justice can the courts give her, anyway?
Sun Sep 11, 2016, 11:38 PM
Sep 2016

Bringing a person to justice presupposes that they were culpable for their crimes and had a choice in committing them. Some types of mental illness, by their very nature, removes culpability because it removes choice and free will. Our justice system punishes intent more than action, and if you don't have free will, you cannot have intent.

What happened to the victim was tragic, but justice is about punishing those who choose to be negligent, or do harm, or put their own interests or desires above others. If a severe mental illness removes free will, then no choice has occurred, and no measure of guilt should be applied. Nobody CHOOSES to be severely mentally ill.

At this point, the question is simply whether they were REALLY mentally ill, or whether they are using that as an excuse to avoid punishment.

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Should not be tried as adults metroins Sep 2016 #1
The problem is Wisconsin law ripcord Sep 2016 #3
Ah. metroins Sep 2016 #4
I feel sorry for the victim ripcord Sep 2016 #5
Well this doesnt make sense to me because if she was really insane or had some other mental issue cstanleytech Sep 2016 #2
Well, for one thing, in the first place it wasn't certain she'd be judged as an adult. HereSince1628 Sep 2016 #7
Still why not submit an Insanity plea right off even if she was to tried as a minor? cstanleytech Sep 2016 #8
Maybe because back then there really wasn't anything to base it on? HereSince1628 Sep 2016 #9
Still seems odd to not plea it in the first place to me but then again cstanleytech Sep 2016 #11
Possibly her parents were in denial at first, then later came around to reality ColemanMaskell Sep 2016 #16
Sound strategy. If you plead it ... Whiskeytide Sep 2016 #23
Nothing crazy about "impressing Slenderman"? yallerdawg Sep 2016 #6
They tried to kill someone to impress a fictional character. christx30 Sep 2016 #13
need to remember this is wauksha county perhaps the most gop of all in the state dembotoz Sep 2016 #10
Is there any evidence..... ProudToBeBlueInRhody Sep 2016 #12
appears they did it...but they were 12 yrs old dembotoz Sep 2016 #14
How does the real victim who..... MicaelS Sep 2016 #15
What justice can the courts give her, anyway? Xithras Sep 2016 #20
If I'm ever stabbed, and I survive, christx30 Sep 2016 #21
And that's why fair societies don't let victims pick punishments. Xithras Sep 2016 #22
She is not a party to the case and her remedy is in civil court. Private prosecutions in Wisconsin 24601 Sep 2016 #25
Yeah, no. Sand Rat Expat Sep 2016 #17
legal smeagal trying 12 year olds as adults it just wrong dembotoz Sep 2016 #18
That's your opinion. Sand Rat Expat Sep 2016 #19
yes it is dembotoz Sep 2016 #24
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