| Ghantauke |
Posted
on 12-Jan-02 05:21 PM
Why?
I beleive that Mr. Subash Gurung is suffering from acute "adjustment disorder" with depressive features. All the symptoms described so far through third parties fit the diagnosis according to the American Psychiatrist Association published Diagnosis and Statistical Manual Four or its equivalent used by World Health Organisation called International Classification of Illness 10. What does it mean for Mr. Gurung?
It means that Mr. Gurung probably was suffering from a chronic bout of "cultural shock" coming to and living in America. The place could had been void of any social, family and other cultural support for him. It is common for people to suffer adjustment problems, when they move from one place to another in search of study, jobs or any other human needs. But, what does adjustment disorder or reaction or dysfunction cover? It could be that the person becomes so disorientated in the new environment that he or she would lose normal operating function in family life by withdrawing (as a result of the new envirionmental stress), would not be able to perform sex (as a result of loss of interest in it), not able to function well in the employment, loss of interest in many other worldly matters. I have first hand knowledge of this phenomenon through giving training to business executives in international business as how they could get better adjustment in new foreign country new assignments. I also got compensation from the Australian Army as the environment was very racially hostile to me and I could not adjust in it (See the case of Mr.R verses Commonwealth of Australia at http://www.austlii.edu.au). To see this case one has to select Commonwealth Tribunals, and this tribunal is the Administrative Appeals Tribunal. Then one has to type in the selection Nepalese cases. Oh! about Mr. Gurung. Well, the defence attorney could use it to defend him. How?
In depressive illnesses ranging from neurosis like adjustment disorder with depression and major affective disorder and much more, depressive personality disorder (morally feeble minded person, who harms himself/herself and/or who harms others), and psychosis like maniac depression also named bipolar depressive disorder and much more. Here, people are forgetful, lack of concentration, are sucidal and/or homocidal and much more.
The defence of temporary insanity can be used. Because, in the charges against Mr. Gurung is based on the legal priniple of mensarea (capable mind and capable action). Here the defence has to prove on the balance of probability that Mr. Gurung was not capable in his mind at the time of his alleged actions. Further, those actions were not premeditated and that Mr. Gurung was not capable of understanding the consequences of his actions. Then, Mr. Gurung would be detained at the Goversnor's pleasure. His able attorney then need to seek pardon from the Governor of that state for release etc.
I hope my analysis in the subject matter would create awareness and value to the interested parties. Eating chocolate does not cure depression as they manifest in many forms. It is just like saying eat carrot and rhubarb juice to get a cure. These lines of arguments and structure of logic is only used by the seller of snake oil in India.
Regards
Ranjit Rana
|
