I thought the way it rolls is that there was a criminal act, he was just not held legally responsible for it. It offers up a complex matter for SS, as the act was violent even if he was not held responsible for it.
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Yes. And the NGRI was a plea deal because the state’s witness found him to be diminished in capacity in agreement with the defense’s expert.
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In general, recidivism is used to refer to returning to crime, especially when someone has been a career criminal. In general, relapse is used to refer to issues of physical or mental health, or to addictions.
Depression and delusion are mental illness, not a crime.
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But it wasn’t doctors who sent him to Greystone to begin with, it was Taylor against the recommendation of the actual doctors who actually examined MB.
Unlike these previous patients, at Greystone based on a clinical eval and dx, MB was not.
So it’s actually quite different.
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I think SS will have all the evidence, that we don’t have yet, when they make their decision. They probably have all the texts and emails, whatever recordings/transcripts/videos there are.
We might not know what that evidence is exactly, but we do know that at least some of the planning involved some sort of physical assault on Michael (based on the amended claims). It will be interesting to see how close what happened is to what what was planned. SS may already know….that may very much influence their decisions. They also know if some of the claims they called CPS for were over RC’s gun.
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Yup. If that was the verdict. That’s what the law says. But then they go to a psychiatric hospital instead of a jail.
Note that is not the same as Guilty but insane.
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Depression and delusion are not criminal. Plenty of deluded people exist. Plenty of depressed people exist. Neither of those are a crime.
MB could be released and run around in a gown thinking he’s the Queen of NJ and there’s ZERO chance of his being locked up unless he violates law.
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Such people also tend to have poor support systems for functioning in the world. That is not the case with Michael.
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In order to be guilty of a crime two elements are needed:
- Actus reus - the act must have been done
- Men’s rea - the doer must have the intention or knowledge of wrongdoing that constitutes part of a crime.
("a mistaken belief in consent meant that the defendant lacked mens rea ")
Insanity means the accused could not have known the act to be wrong due to their mental state.
Technically speaking, the NGRI verdict could have been understood by the jurors that even if MB shot LK it was not due to the Intent to shoot her as intent was something he wasn’t capable of.
It doesn’t discount the possibility of (hypothetically) MB shooting LK in self defense or accidental discharge.
The error that keeps coming up is the assumption that IF MB shot LK it could ONLY be because he sought to kill her.
If in theory MB did shoot LK it could have been because of self defense.
The motive need not be decided as MBs mental state automatically deletes intent to kill as a reason IMO
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Ok, now i’m wondering where the tiara ended up.
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Exactly.
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What? It’s about recidivism in the inmates. Not the horses being returned!
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Yes, that is an error.
Now I have that picture in my head I can’t unsee it! 
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Especially since we all saw the document that verified that MB was acquitted on all charges. I would think that would be all that SS would need to make their decision to lift the suspension. I wouldn’t think that results of the civil trial would be relevant at all to finalize that decision. (Although they may be relevant for a suspension of LK when all of her actions are laid out in court).
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To be totally clear.
A person convicted of a crime that was due to mental or physical illness may relapse into that illness (say schizophrenia or crack addiction). But they aren’t a recidivist until they have been convicted of a new crime after their release from punishment for the first crime.
Relapse does not however always equal recidivism. And obviously many criminals have no illness to account for their actions, to be cured from, or to relapse into. But they still return to the criminal life. They are recidivists.
Nobody calls a return of cancer, a new bout of depression or a flare up of lupus “recidivism.” We only use it for crime.
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This is a little bit of a tangent, but I’ve been seeing a lot of mentions in the news lately about Matthew Perry as he is out promoting his new memoir and talking about his history of drug addiction. And it came out that he figures he has spent $9 million trying to overcome his additions.
If it is taken him 20 years and $9 million, how on earth is the average person supposed to pull it off who does not have $9 million to spare?!? Or even $90,000, or $9,000, or even $900??
Similar to all the people who don’t have MB’s resources when it comes to dealing with mental health issues or legal problems.
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