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What happens in this situation
Topic Started: Jul 19 2013, 02:04 AM (1,494 Views)
+ Pelador Jul 19 2013, 11:12 PM Post #31
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Crazy Awesome Legend

 Yes I am. It's good enough to provide information on the basic details of things. Which is all I needed to do here.

If it were me stabbing the zombie, I would likely be given a manslaughter charge instead of a murder charge due to my diminished responsibility. There's no way that I can convince anybody that I am insane. Especially trained mental health professionals.

A more mentally stable person than myself might be less willing to stab the zombie than I. Perhaps they'd even be less convinced that it was real. They'd probably be charged with murder.


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EMIYA Jul 19 2013, 11:29 PM Post #32
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"I am the bone of my sword."

 You have to prove that you have a legitimate mental disorder. That you have a severe mental problem that keeps you from correctly ascertaining the difference between fiction and reality and that you were not in control of your habits or mental functions at the time.

Without that, you literally have less of a chance of getting off with the Zombie Plea.

Instead to make your claims reasonable, you would just say:

"I was in my house, some guy in a costume came in, I didn't know who he was, I told him several times to leave. Instead he came after me, arms outstretched and I felt the need to defend myself then and there. It was only then that I realized my mistake."

There the jury can understand the implication of the attack while it also being logical. You were in your house, some strange came in, you told him to stop, he didn't, and you acted in what might be considered a rational manner for your safety.

But the moment you bring up "I thought it was a real zombie..." Your sanity and implication of the attack is suddenly questioned. I mean if you think Zombies are real, why the heck should I believe what happened at the attack. Maybe you were nuts and drunk and one of your friends was over and you just went mad and started stabbing him with scissors and made up this Zombie Plea.

You're defense gets hurt by this. Before you could get a way with self defense probably, but here your sanity is questioned, the implication of the attack is questioned. What's right and wrong, how seriously do we take a guy who believes Zombies actually exist. What kind of mental state was this guy in. You're hurting yourself more than helping.
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+ Pelador Jul 19 2013, 11:35 PM Post #33
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Crazy Awesome Legend

 Well he'd be dressed like a zombie. Full makeup and everything. So there wouldn't be much doubt as to why the murder happened.

I personally wouldn't have any problems obtaining evidence of my existing mental condition. It's all on record and I'm currently seeing a psychiatrist for it and a psychiatric nurse.

A regular person however might not have as light a sentence as I would considering that they should have the sense to know better.



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+ Steve Jul 20 2013, 01:29 AM Post #34
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Greetings. I will be your waifu this season.

 There are a number of ways zombies can become a reality though, mutated strain of rabies, mass hypnosis and a few other genuine viruses(nothing like in films though)

You don't really need to be mentally ill or insane to worry about it there's loads of documentaries and stuff on it that you could have been watching that very night and then this walks in:
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With some good acting and low level lighting, how are you to know that isn't real? Plus maybe it's night and you're tired that would add to the confusion.

A judge would be stupid not to look at it from the persons point of view they have every right to be s***ting their pants.
Fear makes things real to a person.
An intruder in your home is one thing, an intruder with blood all over them and a rotted face trudging towards you is another.
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Definitely not a succubus, fear not
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Copy_Ninja Jul 21 2013, 08:05 AM Post #35
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Novacane for the pain

This is how an insanity plea works. It is not just based on having some kind of mental disorder. In order to successfully argue insanity, you have to prove that one of three key mental capacities was impaired, which is either the capacity to know what you're doing is wrong, the capacity to control your actions or the capacity to understand what you're doing, and this has to stem from a mental illness. It's a very rarely used defence (despite the media trying to portray it as the opposite) and it's incredibly difficult to be invoked successfully. And believe me, pleading insanity or other mental illness based defences does not lead to a better future than being found guilty.

Some reading on this for anyone interested :http://www.lawlink.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/cjb38.pdf/$file/cjb38.pdf
Posted ImageWe'll never be those kids again
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