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Crime and punishment for the mentally unsound

The verdict 'not guilty by reason of insanity' might reverberate in fiction and movies, but is rare in practice. The courts have to strike a delicate balance between the rights of the mentally unsound perpetrator and the safety of society.

Since 2017, a growing number of psychiatrists and psychologists in America have organised themselves into a social movement called Duty to Warn, which has been trying to convince the public that President Donald Trump "suffers from an incurable malignant narcissism that makes him incapable of carrying out his presidential duties and poses a danger to the nation". The group argues that this impaired mental capacity is grounds enough to remove him from the country's highest office via the 25th Amendment, which provides for the removal of the president if he is unable to do his job, and for the vice-president to take over instead.

In the midst of the recent and roiling momentum to impeach Mr Trump for the alleged abuse of his office for his own political gains, Ms Jeannie Suk Gersen, a Harvard law professor, opined in The New Yorker magazine that the concerted efforts of these mental health professionals might be working at cross-purposes to the goal of impeachment or eventual criminal conviction.

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A version of this article appeared in the print edition of The Straits Times on December 28, 2019, with the headline Crime and punishment for the mentally unsound. Subscribe