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  • #31
    The challenge with this case is not one of "law" but "mental health".

    One can question the mental stability of both parties in the matter.

    1. Does attempting to resolve a problem by retaining someone to kill another person demonstrate mental capacity to deal with the situation?

    2. Does planning and even plotting the death of another human being demonstrate someone acting out of resultant cognitive dysfunction?

    3. What is the underlying mental health condition in which going out and retaining someone to kill someone would qualify as a mental health issue?

    Basically, the defence is that the mental health and stability of the accused in the crime was that it was heavily influenced based on cognative disfunction (irrationality) and they should not be guilty of a crime.

    This is where mental health and law unfortunately need to be better integrated. There are a lot of "what if" scenarios to consider on the presidency this will set for the SCC.

    Also, the label of "battered wife syndrome" is not a good one as there is no clinically accepted diagnosis for this condition in any mental health system of diagnosis. The same issues with any "syndrome" (i.e. PAS, et all...).

    There is a point in which a mental illness can cause people to make really bad decisions but, determining when the emotional mind took over from the rational mind is a critical element of this case not addressed.

    One can sit back and sight all the channels the accused had to deal with the problem properly but, my concern is if there was a true mental health condition driving the illegal act or a rational individual behind the wheel when the accused was talking to the police.

    How calculated was the accused in seeking out a hit-person to execute their plan? Was money in place? How serious were they? Were they under the influence of significant cognitive dysfunction enough to be classified under a proper mental health condition?

    It would be better for the SCC in my opinion on this one to turn to the mental health community as a whole to assist in the evaluation of the true nature of this one. Law and psychology have a significant gap and the interpretation of law against medical issues needs to be addressed.

    Great book that is in my opinion the only text to address the issues:

    Psychiatry in Law/law in Psychiatry - Ralph Slovenko - Google Books

    Good Luck!
    Tayken

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