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18. This is the defense contained in the New York Penal Law.

Mon Dec 31, 2012, 07:22 PM

Dec 2012

S 40.15 Mental disease or defect.
In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack ofcriminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either:
1. The nature and consequences of such conduct; or
2. That such conduct was wrong.

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53 replies

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Subway push suspect laughs [View all] Omaha Steve Dec 2012 OP

Yeah... Seems a few fries short of a happymeal. NutmegYankee Dec 2012 #1

sounds more like too much happymeal. kwassa Dec 2012 #16

I guess the stage is already being set for some "mental illness" bullshit bluestateguy Dec 2012 #2

guess i'm not clear on why it should be obvious there is no mental illness at play here.... unblock Dec 2012 #3

Clearly she's not right. I don't think they have to set the stage. TwilightGardener Dec 2012 #4

Yeh, but "not right" and "mentally sick" does NOT mean she didn't know it was wrong. Bucky Dec 2012 #11

I agree, she could just be a sociopath who knew exactly what she was doing TwilightGardener Dec 2012 #15

This is the defense contained in the New York Penal Law. rug Dec 2012 #18

You have just illustrated a common misunderstanding regarding mental illness and the law slackmaster Jan 2013 #45

Mental illness is not BS Mdterp01 Jan 2013 #51

Many people do awful things because they think it is "cool".. and they are not mentally ill. secondwind Dec 2012 #5

Quite true. It's a very slippery slope. It's relative to the norm. n/t RKP5637 Jan 2013 #52

A person may be mentally ill without being 'legally insane.' LongTomH Dec 2012 #6

Here is the NYT story that wan't up yet when I posted this she has a mental past!!!! Omaha Steve Dec 2012 #7

Thank you for this. Have a relative who needs monitoring but doesn't get it because when is good uppityperson Dec 2012 #10

If she smoked pot she wouldn't have been on the streets.... Spitfire of ATJ Dec 2012 #14

really? I don't know about NY, but in many states, smoking pot does not land you cali Jan 2013 #42

Cop Shops get Fed money for pot busts. Spitfire of ATJ Jan 2013 #46

I must not be watching enough fox news....... wandy Dec 2012 #8

easy sbmvv Dec 2012 #12

Apparently, it's also open season on anyone with a mental health diagnosis. Denninmi Dec 2012 #22

how do we know there are mental health issues involved in many of these cases JI7 Dec 2012 #27

We don't know. Denninmi Dec 2012 #31

The CT school case is speculation Marrah_G Dec 2012 #38

Then accept my sympathies sbmvv Dec 2012 #33

Sorry, didn't think of it that way... wandy Jan 2013 #49

Re-Institutionalization. Now. Sen. Walter Sobchak Dec 2012 #9

For whom? Denninmi Dec 2012 #23

the mentally ill with histories of threatening behavior, Sen. Walter Sobchak Dec 2012 #24

i guess same would apply to those without mental illness JI7 Dec 2012 #26

So, you're advocating incarceration for people not actually convicted of any crime? Denninmi Dec 2012 #32

Actually Marrah_G Dec 2012 #35

There is a pretty big difference between "potential" and "ticking time bomb" Sen. Walter Sobchak Dec 2012 #39

Maybe because she has a history of violence towards others and not taking medication? Marrah_G Dec 2012 #34

It's open season on Muslims to some people. Spitfire of ATJ Dec 2012 #13

Clearly she's a socio/psychopath. nt Locut0s Dec 2012 #17

Sounds like perhaps she should not have been let out of the hospital Marrah_G Dec 2012 #19

Perhaps she wants to avoid the "hate crime" charges? n/t crim son Dec 2012 #20

what mental iillness is it that results in someone attacking someone because they don't like JI7 Dec 2012 #21

She clearly has issues Marrah_G Dec 2012 #36

yeah, they all have issues, she admitted why she did it JI7 Jan 2013 #40

She has a severe and persistant mental illness cali Jan 2013 #43

And we know who keeps this hating alive every day... southerncrone Dec 2012 #25

Our decaying civilized society, NoOneMan Dec 2012 #28

Yup. Faux "news" and the rabble-rousers they celebrate like Pam Gellar. Archae Dec 2012 #29

What a sick f**k. She deserves to be locked up forever. smirkymonkey Dec 2012 #30

Blindingly obvious case of Psychopathy. Odin2005 Dec 2012 #37

time to put doors on subway platforms, i guess... grahamhgreen Jan 2013 #41

Obviously severely mentally ill slackmaster Jan 2013 #44

She looks like Backward-B Face girl obamamyprez Jan 2013 #47

that's who she reminded me of also JI7 Jan 2013 #53

Life in prison or life in a mental hospital. geek tragedy Jan 2013 #48

Crazy like a fox, perhaps? MADem Jan 2013 #50