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Today, this reasoning may seem archaic, both because the idea that rape, for a woman, is "a fate worse than death" no longer holds such sway and because we believe that women are as mentally responsible as men for their choices.
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Elke Weber studies the science of human behavior with the goal of encouraging environ-mentally responsible behavior.
That led to a guilty finding under New York's insanity law, which holds the mentally ill responsible for crimes unless they are unable to distinguish right from wrong and are substantially unable to appreciate the consequences of their acts.
New draft sentencing guidelines are being issued in England and Wales to ensure that courts are fair when deciding how responsible mentally ill offenders are for their crimes.
Are mentally ill people responsible for violence?
However, it was the mentally disordered who were responsible for most of the fatal incidents and serious injuries, and most had given warnings which had gone unrecognised.
For example, we accept that people who are too young or mentally disturbed are not responsible for their actions and should not be punished, while everyone else is.
The case of David Tarloff, 39, who is charged with second-degree murder in the slashing death of Kathryn Faughey, an Upper East Side therapist, is the latest to raise questions about when a defendant is too mentally ill to be responsible for his behavior.
But while some of the city's black residents expressed sympathy toward Mr. Spooner's age and health problems — his lawyer said he was having trouble breathing during the trial — others cited their feelings about Mr. Martin's death and said what little faith they had left in the legal process would be at stake when the jury decides whether Mr. Spooner was responsible or mentally ill.
According to the Corrections Department, mentally ill prisoners are responsible for about two-thirds of infractions at New York City jails. .
In criminal cases, defendants deemed mentally retarded are still considered responsible for the crime, unlike defendants who successfully plead not guilty by reason of insanity.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com