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Author Topic: should someone with brain dysfunction be held accountable for their actions? [Locked]
Webscar  3 stars
Title: /Yiffs in Hell [face_furry]
Posts: 946
Registered: 2002-11-30 00:27:37
Yes, they are accountable for their actions and should be reprimanded accordingly. However, due to their ailment I believe their punishment should be modified accordingly. A Psych Ward would be a proper place for them; not a prison cell. Assuming you could prove that their lack of mental capacity was the cause of the outbreak. Additionally, I believe that those involved in the mental care for the individual should be placed under scrutiny and evaluated to see if they aided in the crime via neglectful practices in managing the person's disability.

 

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Vagina Purse: 'A daily blog about what I find inside me' ~Ticky
Gaevren  4 stars
Title: Wat do?
Posts: 1,181
Registered: 2004-9-15 09:29:36
Webscar posted:

Yes, they are accountable for their actions and should be reprimanded accordingly. However, due to their ailment I believe their punishment should be modified accordingly. A Psych Ward would be a proper place for them; not a prison cell. Assuming you could prove that their lack of mental capacity was the cause of the outbreak. Additionally, I believe that those involved in the mental care for the individual should be placed under scrutiny and evaluated to see if they aided in the crime via neglectful practices in managing the person's disability.



Like doctors? Or family members?

 

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There are no automatic doors, just very polite ninjas
Sith_Mauler  4 stars
Posts: 1,851
Registered: 2002-12-21 13:40:03
I dont see a issue with the current system of letting the experts determining that.

 

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Reapist  4 stars
Title: Official ACF HIOFI Poster
Posts: 4,367
Registered: 2001-12-20 03:56:16
I think it all boils down to one simple question: Did the person realize that what he did was considered to be wrong by society?

 

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pkhere: Jebus sometimes you make my arse tired.
Referring to illegal aliens as 'immigrants' is the same as referring to shoplifters as 'shoppers' - Dorvinion
I'd feel bad for Satriani but he got himself into it. - allmightybob_MLF
Fozzie_Bear  4 stars
Posts: 2,490
Registered: 2001-12-20 01:43:43
yes

as retarded as my customers are, we still bill them for services rendered that they are too stupid to use.

 

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WhipSmack  2 stars
Posts: 358
Registered: 2001-1-8 19:15:50
If I poop my pants I should not be held responsible to change the diaper.
Anebriated  3 stars
Title: I should be reading a book
Posts: 650
Registered: 2003-1-27 21:26:11
Reapist posted:

I think it all boils down to one simple question: Did the person realize that what he did was considered to be wrong by society?



it is definitely not that simple. you may know right from wrong but have brain damage in the part of your brain that allows you to inhibit your behavior. you're referring to the mcnaughton rule, which is old. boo.


but as soon as you accept that brain damage or dysfunction can impair the way you regulate your behavior you have to ask the much harder question: "how much dysfunction counts? where is the line?"
Reapist  4 stars
Title: Official ACF HIOFI Poster
Posts: 4,367
Registered: 2001-12-20 03:56:16
It may be old but I still like it.

 

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pkhere: Jebus sometimes you make my arse tired.
Referring to illegal aliens as 'immigrants' is the same as referring to shoplifters as 'shoppers' - Dorvinion
I'd feel bad for Satriani but he got himself into it. - allmightybob_MLF
Anebriated  3 stars
Title: I should be reading a book
Posts: 650
Registered: 2003-1-27 21:26:11
it works most of the time, but it doesn't if you get your prefrontal cortex smushed.
Webscar  3 stars
Title: /Yiffs in Hell [face_furry]
Posts: 946
Registered: 2002-11-30 00:27:37
Gaevren posted:

Webscar posted:

Yes, they are accountable for their actions and should be reprimanded accordingly. However, due to their ailment I believe their punishment should be modified accordingly. A Psych Ward would be a proper place for them; not a prison cell. Assuming you could prove that their lack of mental capacity was the cause of the outbreak. Additionally, I believe that those involved in the mental care for the individual should be placed under scrutiny and evaluated to see if they aided in the crime via neglectful practices in managing the person's disability.



Like doctors? Or family members?

The Doctor would be in responsible charge unless a family member forced them to be removed from service to the individual. If the individual is being cared for by family members and they agree to the responsibility therein they can remove some, but not all, of the liability the doctor would face.

Ultimately the Doctor is responsible if they incorrectly diagnose the level of care the individual needs and allows them to return to society either (un)medicated, under (or not) the supervision of another individual, or otherwise. If they are allowed back into society and fail to take their medication, or their responsible charge fails at the duties they agree to... then that would negate the liability the Doctor faces. If the doctor simply failed to see how bad off the individual was or potential level of harm that could come from their release, then the Doctor would be held responsible.

If a family member or otherwise removed the individual from care or accepted the responsibility of the individual for what added care was necessary upon release then they would also be liable for what happened. If they were ill-informed or if the situation was outside of their control then they would be exempt.

Additionally, if the situation was outside of the Doctors control (Meaning they had no reason to suspect something like this might happen) then the Doctor would be exempt.

 

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Vagina Purse: 'A daily blog about what I find inside me' ~Ticky

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