Prison Folk and Doctors...The Andrea Yates "not guilty" vote.

Kalhoun writes:

> I do agree that she should not have any more children, but she could willingly
> agree to sterilization so that would never happen again.

She’s 42 and unlikely to have kids at this point anyway.

IMHO, the main point of the OP is essentially true. How we treat those found not guilty by reason of insanity is fundamentally at odds with the premise of sending them to a hospital instead of a prison. There are several reasons for this, many of which have been already mentioned. I think the main one, though, is that if killers-formerly-insane started being released by hospitals in large numbers, the masses wouldn’t stand for it. Common Tater’s sentiment is the common one. IOW, the criminal justice system has only gotten away with this not-guilty-by-reason-of-insanity thing because (a) it is very narrowly tailored and (b) in practice, substantially the same as life in prison.

Note, by the way, that it’s usually not accurate to speak of serious mental illness as being cured. It’s not like measles or syphillis. Generally it’s a chronic condition, like diabetes or alcoholism. At best, it can be managed by continuing care. This is one of the reasons health professionals hesitate to give these folks a clear bill of health. They’re being asked to deliver a medical opinion against a legal standard which bears little resemblance to the medical problem.

Stated a little differently, I think we as a society generally are angry at the mentally ill for their condition. That certainly seems to be the prevailing attitude with respect to the homeless, for example. As for the context of mental illness in the courts, our attitude always reminds me of a famous passage in Samuel Butler’s Erewhon:

And, so, justice is done.

Because her mental illness (post-partum psychosis, I believe), is triggered by giving birth. She suffered from it before this instance, and I believe the statistics show that a woman who’s suffered post-partum depression or psychosis once is more likely to again with subsequent childbirths. Makes sense to me to ensure that she either not be allowed to give birth again*, or that she put herself in protective custody should she become pregnant again.

Dr. Jekyll may not be responsible for Mr. Hyde’s mayhem, but it makes sense to take away all his serum before releasing him to the public.

*although I have all sorts of slippery-slope induced reservations about the government “not allowing” anyone to give birth…