Insufficient justification then. When in doubt? Hope. You never know what's around the corner. And it doesn't matter given the second leg here, which is about right.
Then I believe it would become a matter of compassion. How long is long enough, or too long to force someone into living in asylum like conditions, in that state of mind? Reminds me of the Batman paradox ( :ha: *raspberry*). He won't kill the Joker, preventing all the future crime the Joker will do, no matter how the Joker may honestly beg him to. So is he really a hero or is he really the nutcase?
Most civilized societies agree that killing the incapacitated isn't a good thing. Lacking capacity they are innocent of the charge at the foundational level. They are not much different than a man who sleep walks into the street causing another to swerve and lose his life.
They may lack functional capacity when they did the crime but it still comes back to did they always lack mental capacity? This leads to perceiving the perception, which I'll get to in a second.
Not the way clinically insane people tend to be produced. Psychotic breaks aren't the sort of thing any of us imagine will happen to us or see coming. And most mental illness is a bit like the old frog in a pan of water with the temperature being raised by increments. By the time you'd notice you mostly won't be able to. That seems to be more the rule where violent crime and mental illness are joined.
You don't see it coming, you are right there. However, when someone begins to develop a mental disorder, they have episodes. People just don't go from being a functioning individual to being a
homicidal maniac in an instant. It slowly happens and at some point, you do something where you realize you have episodes where you lack the ability to perceive the perception. The ability to say, what am I doing? Why am I doing it? Is this right or wrong? After an episode you always come back down though, until you hit that ciminally insane zenith. Then you know you did something wrong, or something is wrong with your body, trust me. At that point, if you don't go get help, everything following is a result of that choice.
For example, disco/dance music is a trigger of mine. Earlier this year, Lady Gaga released a new album. I knew I shouldn't listen to it, but I did it anyways. I became obsessed with it, and I probably listened to the songs 100s of times each in the matter of a week. The next thing I know, I've broken into my gf's house at the time and vandalized it. At the time, I just wanted to turn on all their faucets and surprise them when they got home with a nice pool, because it was so hot outside. Yes, I didn't realize I was doing something wrong like I do now and beforehand, but I knew the trigger that lead to that was wrong, and I did it anyways. I made the conscious choice to give in to my urge to listen to the album, instead of ignoring it or asking for help to keep me from doing it. 99% of the time, I would do one of those things and wouldn't trigger an episode.
Rationality and self interest argue against your assumption. No sane person wants to suffer
Exactly!
and will do what they can to avoid it
Shame, quilt, fear and other bad feelings can come into play here and cause the person to believe they can handle their problems on their own. They may choose to ignore their triggers and they may choose to give in. Is that really any different than someone who has a "normal" mental state choosing to do a crime? It may hurt some of you on here who care about me to hear my honesty, but I am a maniac. I still have full mental capacity and functioning 99% of the time to perceive the perception, unless I initiate a trigger. I initiate the trigger though...... What happens after is my fault.
:cheers: As always, it's a pleasure talking with you good sir.