Re:Kahler v. Kansas
by pdonis on Saturday November 14, 2020 @01:49AM
(#25090713)
> I have to be incredibly skeptical about doctors ability to declare someone 'safe' for society in any capacity.
I share your skepticism, but unfortunately I don't think anyone else has that ability either. So any time anyone who raises an insanity defense is allowed to go free, society is taking a risk.
In the particular case discussed in this article, I'm not sure there was much of a risk, since the reason for the claimed insanity was a very particular situation and it was directed at particular individuals. There was no evidence that the defendant was likely to harm anyone else. But of course that's not true in many cases involving an insanity defense.
I share your skepticism, but unfortunately I don't think anyone else has that ability either. So any time anyone who raises an insanity defense is allowed to go free, society is taking a risk.
In the particular case discussed in this article, I'm not sure there was much of a risk, since the reason for the claimed insanity was a very particular situation and it was directed at particular individuals. There was no evidence that the defendant was likely to harm anyone else. But of course that's not true in many cases involving an insanity defense.