10. Mental Status Is Irrelevant for Determination of Criminal Responsibility and Punishment

A person’s health or mental status should have no bearing on whether that person should stand trial for any accused crime. The degree or severity of the punishment issued should also not be influenced by a person’s health, age, or mental status unless there is a clear risk of unintended harm to the criminal or others due to the degree or severity of the punishment. In such cases, the punishment should be less intensive, but prolonged accordingly.


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