[ceejayoz]

> People labelled mentally ill can be imprisoned without a trial.

So can people not labelled mentally ill, and involuntary confinement happens well within the confines of our legal and justice systems.

> People labelled mentally ill can avoid prison when another person who did the same actions would go to jail.

People found not guilty by reason of insanity are typically kept in a forensic unit with similar levels of freedom as a prison, and typically are detained longer. It's not as if they're turned loose.

> People labelled mentally ill can be drugged by force.

So can people not labelled mentally ill.

[rwallace]

> So can people not labelled mentally ill.

In principle, anything can happen to anyone. In practice, being labeled mentally ill dramatically increases the likelihood of your civil rights being violated in ways that can ruin your life. Changing the law wouldn't solve the problem of mental illness overnight, but it would make it much easier and safer for mentally ill people to seek solutions.

[xenophanes]

So there's other bad things in the world, too. What's your point?

Sometimes people who escape criminal justice via psychiatry get similar levels of freedom. Sometimes significantly less freedom! It can be a way to imprison people for an indeterminate sentence which may last longer than the maximum prison term for their offense. And, sometimes it's quite a lot like they are turned loose. All of these happen.

[ceejayoz]

http://law.jrank.org/pages/1136/Excuse-Insanity-Empirical-da...

"Defendants who asserted an insanity defense at trial, and who were ultimately found guilty of their charges, served significantly longer sentences than defendants tried on similar charges who did not assert the insanity defense. Unsuccessful NGRI pleaders are incarcerated for a 22 percent longer time than individuals who never raise the plea."

Citations included there, by the way. For someone demanding citations, you're mainly throwing out "read Szalz!" and citing nothing.

[rqebmm]

There's probably a strong selection bias here though. If one's trying the insanity defense it's either a.) they're insane and really didn't know what was going on, or b.) they have no other defense and are going for a hail mary. People in both camps are very unlikely to receive shortened sentences or early parole.