PC Gone Overboard - For Real

[PornoDoggy]

Originally Posted by Jeremy

Ummmm, if someone is Not Guilty by reason of insanity, how can they go on to a criminal database (assuming it's only for people who've actually been convicted)?

Far more sensible to either have a separate LoonyTunes DB to check, or make people take a full psych eval before purchase.

Being found "not guilty by reason of insanity" is not the same thing as being found not guilty.

Not guilty means the (jury, judge) doesn't think you did it.

Not guilty by reason of insanity means the (jury, judge) thinks you did it, but can't be held responsible for your actions because of mental disease or defect. A person found not guilty by reason of insanity generally doesn't go home; they are usually institutionalized.

[Jeremy]

Originally Posted by PornoDoggy

Being found "not guilty by reason of insanity" is not the same thing as being found not guilty.

Not guilty means the (jury, judge) doesn't think you did it.

Not guilty by reason of insanity means the (jury, judge) thinks you did it, but can't be held responsible for your actions because of mental disease or defect. A person found not guilty by reason of insanity generally doesn't go home; they are usually institutionalized.

Not guilty simply means it hasn't been proven that you did it - it doesn't neccessarily mean you did or didn't do it (OJ!).

To be guilty of something, you have to have mens rea. Without that, you cannot be guilty.

NGRI is a very specific reason for not being found guilty, because you end up failing on mens rea, which ultimately means you cannot have committed a criminal action.

That is why it's not "Guilty But Hat-Stand", and more importantly, it's definitely not "Innocent".

It's only a hair's breadth of difference, but it is an important one, as John Hinckley's case shows. It tends to mean you say "I did it, but I was insane", so of course, you end up locked away because you've acted in an insane manner rather than because you have done something criminal.

Anyway ... this is all by the by really, nutters shouldn't have access to guns.