Mental State
A person's mental state is important because we should know if a defendant knows right from wrong, or if he or she is competent. When a defendant is on the witness stand or sitting in a courtroom, we usually have no way of knowing their mental state. A person can look perfectly normal, but have big problems.
Their mental state must be a factor in determining whether or not they are guilty. There are serious mental illnesses that people suffer from that are real and that affect their mental capacity to make normal decisions.
Though most of us don't like the idea of someone getting away with a crime because they are found "insane" or "mentally incompetent," in some cases it is reality. And, given, that they are examined by a competent, independent psychiatric expert, we, as a society must give them the benefit of the doubt. After all, we are all innocent until proven guilty, and one who is truly mentally unstable deserves our understanding. They do not deserve our forgiveness or a verdict of innocent. Punishment and rehabilitation should be the goals.
The only alternative would be to try a person whether mentally incompetent or not, but have a different set of penalties for it. However, the problem with that is that, in our system, the person must be competent to stand trial, to face their accuser, and to comprehend what is going on in court, as well as to communicate with their own attorney.
If, indeed a person is truly mentally incapacitated, we must somehow show understanding of that fact.
An Intentional Act Involved in Every Act of Recklessness
Any voluntary act of a thinking human being is intentional. It has to be, or we wouldn't do it. Our intent is to commit the voluntary act. Blinking of your eye is a reflex. Kicking...
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