How will the Depravity Standard take into an account a defendants psychiatric diagnosis and psychosocial circumstances?
The Depravity Standard is unrelated to psychiatric diagnosis. We recognize that criminal behavior is inherently aberrant. Courts already have avenues with which to lower or erase criminal responsibility if a defendant was seriously ill or disadvantaged. Likewise, the Depravity Standard will operate blind to such diagnoses as antisocial personality and psychopathy, which can and do have a damning effect on the appraisal of whom a defendant is. The Depravity Standard focuses on what a person did, rather than who he is.
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