For Book: Mental Illness and the Law

[TromboneAl]

Warning: If you plan to read my next book, this post contains spoilers.

WARNING: SPOILERS BELOW!
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Let's say you have a brain tumor that makes you go insane. You kill someone. You're arrested, and doctors remove the brain tumor. You become totally and obviously normal, sane, and not dangerous.

What is your legal status at that point?

I'm guessing that you would be committed but released once the shrinks give the okay.

 

[Meadbh]

IANAL, but I think that the question of guilt or innocence would hinge on whether you were legally competent at the time of the crime. If you were deemed not mentally competent and if your violent outburst was found to be due to a medical condition, you would be judged not criminally responsible. You would be remanded in custody while the condition was treated. After successful treatment, you would be reassessed to determine whether you posed a future risk, and if not, you would be released with supervision.

Below is a very famous (gruesome) Canadian case (not due to a brain tumor):

https://en.m.wikipedia.org/wiki/Killing_of_Tim_McLean

 

[TromboneAl]

Thanks.

Wow, what a story! The best part was this: 'The week following the attack, Greyhound Canada announced it was pulling a series of nationwide advertisements which included the slogan, "There's a reason you've never heard of bus rage." '

 

[Walt34]

IANAL, but I think that the question of guilt or innocence would hinge on whether you were legally competent at the time of the crime. If you were deemed not mentally competent and if your violent outburst was found to be due to a medical condition, you would be judged not criminally responsible. You would be remanded in custody while the condition was treated. After successful treatment, you would be reassessed to determine whether you posed a future risk, and if not, you would be released with supervision.

That's pretty much it.

 

[irishgal]

How will they prove that it was the tumor that caused the behavior?

(Asks the resident neuroscientist)


Wild Irish Rogue

 

[TromboneAl]

How will they prove that it was the tumor that caused the behavior?

(Asks the resident neuroscientist)


Wild Irish Rogue

In the book, it's actually pressure buildup in the brain caused by a buildup of (CSF) fluid (NPH). They'll install a shunt to drain the fluid, and the patient will improve rapidly.

 

[Ed_The_Gypsy]

Hang 'em. Screw the lawyers.

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