No, but other types of mental illness (depending on the illness, and this again is a professional call) do not necessarily remove your ability to see the world and to know its rules.
And many do. If somebody is capable of killing repeatedly without remorse, whether they flipped a coin and said, "heads I kill someone, tails I eat a bowl of Captain Crunch" or not, they are mentally ill.
However, they may still be capable of understanding that what they are doing is wrong yet choose to do it anyway. Again, that should be a professional call, but it IS possible to have deviant thoughts from a mental illness (such as, during the period in which I was depressed, thinking suicidal thoughts) yet make the decision that no matter how it might feel, you will NOT carry out that act no matter what. (Or to make the wrong decision but still know it is wrong and not care. If you know and you did it anyway, then you are responsible.)
So if somebody is kidnapped and their arms and legs are cut off, this is not as bad as rape?
That sort of scenario should fall under that category too--I left it out but that is in the same category. Rape is a particularly severe form of torture, given the intimate nature of the violation, but I would have no problem seeing the sort of person you're describing being locked away for life, or put to death if the evidence threshold I outlined is met.
The point is that there would be a very long list of crimes that fall into the same category; and there would always be someone saying, "What about me? What happened to me is just as bad as what happened to him." So the list would grow. Once you turn the law into something that validates hatred and vengeance, there's no end to it. The purpose of the law is to be rational when people can't.[/QUOTE]
Those are the "big three," though, and I think that reasonably anything below that cannot be considered (however difficult it is) to be of the magnitude of a life. I think that statutes have to be very clear on that, very hard to change, and that the standard of evidence where the death penalty comes into play MUST be higher than it is for a life in prison sentence--that is why I think that in addition to the other evidence being beyond the shadow of a doubt, DNA evidence should be
mandatory and confirmed by multiple labs. There are three things the law should accomplish in the case of those who acted out of malice rather than a simple mistake: deterrence, restitution, and protection of the rest of the populace, and in some cases I believe even the most minimal risk of escape and harm to more victims to be so unacceptable that I do back the death penalty. It is not about revenge, and as I said before, the necessity should be mourned, not celebrated. But to protect the rest of the populace I believe that there are crimes bad enough where it is necessary.