Criminally Responsible

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A difficult situation has arisen in British Columbia, and the Premier has seen fit to argue publicly against the penal system’s authority and actions. In doing so, he has harmed the usefulness of the legal system and not done any favours for the victims.

The Original Case

Ten years ago, a man killed his own three children and was diagnosed as not responsible for his actions due to his mental condition. At the time the action was considered appropriate, because he would be put safe in a mental institution for a long time. Face it, any parent who is driven to the point that they kill their children can hardly be considered sane.

Ten Years Later

That was a long time ago. The question is, what happens now? Well, he gets released subject to certain conditions. It’s none of our business what they are, but they are rigorous and we have to believe they are as fair as possible for all concerned. Now, thanks to Premier Eby, the perpetrator and the survivors of the incident will be subject to trial by media.

A Problem of Perception

The problem arises because nobody believes, deep down, that anyone treated for a mental conditions can be considered cured. Also, people’s perception is that the conditional release is only temporary, and soon the patient will be turned loose on the general public. In fact, only 10 to 15 percent of offenders of this sort end up fully released, after an even more stringent review process. Also, the incidence of violent reoffence in Canada is about 7%.

Unfortunately, for victims of violence, statistics are no comfort, and that 7% is enough to impede further healing. The fear mongering of politicians just stokes their terror. David Eby, who is a lawyer, ought to know better.

A Different Perspective

What is the basic situation?  A person under the influence of a mental health problem commits a violent crime. Let’s say, for example, someone has a stroke while driving and causes an accident that kills someone. There is no question that a crime has been committed, that the action was caused by a mental condition, and someone is dead. There is about a 25% chance that a stroke victim will have a second stroke in the next ten years. In this case, the solution seems obvious. Don’t let them drive again.

But this is exactly the situation our subject is in. He has been released into the community under conditions that will protect the public from the results of his mental condition.

It is the most heartbreaking example of “not in my back yard.” We allow the mental patient latitude because of his illness, as long as it doesn’t affect us. Especially when the legal system’s actions truly affect the recovery of the original survivors.

It is unfortunate and inappropriate that the Premier of the province, whose party is being at this moment overtaken in the polls by a more conservative element, would make a pronouncement that would appeal to more conservative voters. It is even worse when he finishes his gaffe with a dig at the federal government for its laws. A bad move, Mr. Eby., which does nothing to help anyone involved in the original problem.

The Bottom Line

Our society works under the assumption that people can do illegal things while under the influence of mental illness. Further, we assume that mentally ill persons can be diagnosed and sometimes cured.

Our legal system has set up conditions under which this process of healing can be regulated. Politicians have no business using these victims — both the original targets and the perpetrator — for their own political purposes. And the media should be damned careful how much pain they are creating for these people as well.

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