Sure there is. Third degree murder means you didn’t plan it and did it in a emotional state where you had reduced self-control. Doesn’t make you mentally ill. We’ve all wanted to kill someone for brief moments.
Nah. I mean- it’s pretty much a given that a “healthy” human mind in context to our society doesn’t kill another person. But- we are all mentally aberrant in one way or another at various tones and degrees. There isn’t really a “picture of mental health.” The question of “insanity” as a defense is in how it pertains to the act itself- wether a person was aware of their actions, wether they were acting on a motive, and wether or not they had the ability to understand the act, the consequences, and wether they were able to and did make a conscious and informed decision to proceed on a course.
In other words- “insanity” in context is where a person acts in a way that is against established social values- and where deviance of such values carries known and likely consequence. The question of “insanity” comes down to wether a person intended or was capable of knowing that an action cause harm- and wether they decided to deviate from social values when they were aware that their actions were deviant; or wether they deviated from these values unintentionally.
What is specific to “insanity” isn’t if they were ignorant one way or another of the facts, but if they were unable to know the facts, understand the facts, or stop themselves from acting even in view of fact. Where such a decision is made in a narrow circumstance and a short span- the “heat of a moment” then “insanity” implies a decision that wouldn’t be made otherwise and is unlikely to be made again. Where a pathology or mechanism underlies a decision and such a decision is likely to occur again- that can also e insanity but is not the same. One implies no further danger outside extremes where most humans would be expected to exhibit aberrant behaviors- meaning the person isn’t at fault but the nature of humanity.
If it is the nature of man that is at fault- we cannot treat them as criminal without convicting all mankind. Society must accommodate the nature of man while seeking to guide it in a way that allows a functional society. If there is a pathology and only a person with a long term underlying issue could be expected to behave aberrantly- we can still say the criminal conduct wasn’t by intent but by virtue of being. In such cases it might be prudent to mandate treatment and monitoring- but not punitive action because the person wasn’t acting maliciously and could theoretically adhere to social norms if the conditions underlying the crime are managed.
famousone says it well- crazy doesn’t mean stupid. That astronaut that cross country in a diaper to commit murder- would you certify her “sane?” She drove long distance- with a thorough plan and premeditated intent- but was pretty crazy. Hell- even when it’s something positive- it’s been shown that the type of person who as a bystander risks danger to save someone- many “heroes” are a little “crazy” at least. You somewhat must be no? The very idea of a “hero” implies a person uncommon to society- a person who is abnormal. So one might well be “insane” or “crazy” without being a raving loon- we can distinguish being crazy as a state from being crazy as a defense of ones actions.
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