Originally Posted by
wiggin
Assuming that the alternative to his sentencing is aggressive treatment for his condition followed by strict monitoring, why not? Obviously there are some suspect bits about this case - you'd have to have a bunch of mental health professionals first prove that this was a mental health problem, and secondly that it could be convincingly treated... so I'm skeptical it could be done. But in theory? Why not?
The converse is that much of our 'antisocial' behavior (e.g. murders, rapes, etc.) might be construed as mental illness, which might militate for always focusing on the mental health problem and not punishment for the crime. But since I generally favor rehabilitation - when possible - over pointlessly locking up criminals, I suppose this might not be the worst outcome.
Let us imagine a future where many crimes can be traced to a mental instability and treated. Why shouldn't we change our jails from pens for criminals into mental health clinics that convincingly cure the ill? Obviously these would be involuntary 'commitments', and the criminals would be held until they were no longer considered a threat to others (so, not so different from jail after all). But in principle, I don't have a problem with trying to treat the mentally ill who perform heinous acts when they are unstable.
Of course, if you're suggesting that instead of a convincing treatment regimen we should just go easy on someone because they weren't 'themselves', I'd disagree entirely. They're still a threat to society regardless of their motives and level of control over their actions.