The problem with mental defect defense is it is predicated not on fact or anything quantifiable but someone's OPINION.
Even a professional opinion is just an opinion.- and this opinion (That Hinkley is no longer a threat) is offered with no possible reprisal against the giver of this opinion.
If a structural engineer offers his opinion that an earthquake damaged building is safe - he can be held liable if it later collapses and kills someone.
Are the doctors who certify Hinkley going to be held liable if he kills again? Are they willing to share a cell with him?
Even a professional opinion is just an opinion.- and this opinion (That Hinkley is no longer a threat) is offered with no possible reprisal against the giver of this opinion.
If a structural engineer offers his opinion that an earthquake damaged building is safe - he can be held liable if it later collapses and kills someone.
Are the doctors who certify Hinkley going to be held liable if he kills again? Are they willing to share a cell with him?