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Doodley

(9,088 posts)
Thu Dec 13, 2018, 04:10 PM Dec 2018

Could Trump use a mental health defense?

It has been widely discussed that Trump is mentally impaired or mentally ill, such as in the article linked below.

If he is charged with serious crimes, could he use this as a defense? Do you think he presents either a progressive mental decline or a mental illness that affects his capacity to perform as president?

If so, do you think that it could be argued that he is a victim of circumstance and there has been no mechanism to provide him with the help he needs, thereby putting the interests of our nation at risk?

http://nymag.com/intelligencer/2018/01/trump-is-mentally-unwell-and-everyone-around-him-knows-it.html

16 replies = new reply since forum marked as read
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elocs

(22,569 posts)
6. Exactly! Those who choose to casually label Trump as mentally ill
Thu Dec 13, 2018, 04:43 PM
Dec 2018

or having a personality disorder forget that would mean he is not personally responsible for his actions.
I believe that Trump is exactly who he chooses to be: a spoiled, self-centered asshole and con man.

elocs

(22,569 posts)
14. But do we belittle and mock those who truly have mental disabilities?
Thu Dec 13, 2018, 06:26 PM
Dec 2018

I have an adult niece with Down syndrome and a 27 year old goddaughter with schizophrenia and neither of them chose to have a mental disability.

Trump is how he is because he chooses to be that way and I'm not giving him an out by labeling him with a mental illness or personality disorder.

Siwsan

(26,260 posts)
2. His ego would never allow it.
Thu Dec 13, 2018, 04:14 PM
Dec 2018

I am convinced he is already showing signs of a cognitive disorder. It's only going to get worse.

YessirAtsaFact

(2,064 posts)
3. That would seem to invite removal via the 25th amendment
Thu Dec 13, 2018, 04:22 PM
Dec 2018

But he’d fight it tooth and nail b/c of his bloated ego, which makes it moot

elocs

(22,569 posts)
7. I think you need to find out exactly how the 25th Amendment works,
Thu Dec 13, 2018, 04:46 PM
Dec 2018

because it's nothing like so many think it works.

The Velveteen Ocelot

(115,683 posts)
5. No. Obviously he's not all there, but an insanity defense is rarely successful
Thu Dec 13, 2018, 04:37 PM
Dec 2018

because the standard of proof is so demanding: Some states use the old M'Naughton test, which is whether the defendant knew the nature of the crime (the defendant cuts another person's throat under the delusion that he is cutting a loaf of bread), or understood the difference between right and wrong, morally or legally, at the time it was committed. In states that use the Model Penal Code rule, the defendant must have been diagnosed with a mental disease or defect, and either did not know right from wrong or lacked the ability to control an impulse that led to the crime.

In other words, you have to be as mad as a box of frogs, suffering from something like schizophrenia or some other really serious mental illness. Trump is a narcissist and an asshole and might be getting senile, but he's not crazy enough for an insanity defense. The fact that he tries to cover up or downplay his crimes is proof right there that he knows that what he's done is illegal.

Doodley

(9,088 posts)
10. I agree, but look at his own words, his Tweets and his actions. He doesn't seem
Thu Dec 13, 2018, 06:13 PM
Dec 2018

to understand very basic things that a small child could understand. He also seems unable or unwilling to learn anything. His IQ is probably very low and he is deteriorating. Did he have the mental capacity to understand the criminal nature of his crimes?

The Velveteen Ocelot

(115,683 posts)
16. Trump is a hot mess. He's a big pulsating blob of personality disorders,
Thu Dec 13, 2018, 06:53 PM
Dec 2018

but he's not psychotic. He's dumb and lazy, but he obviously understands that what he's doing is illegal because he tries to hide it.

Runningdawg

(4,516 posts)
13. Of course it was!
Thu Dec 13, 2018, 06:17 PM
Dec 2018

But it could be used against him trying to weasel out by saying he didn't understand what was going on.

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