Thank you Dr. Kirk for inviting me to this amazing session.
Very hard to answer this question. I think it is better to judge the situation at the same time of crime and in case of any changes occur this will lead to instantaneous decision taking into account humanitarian issue.
Penalization of penal sanctions is made in light of the mental health of the offender at the time of the offense because the process of allowing him and pardoning him on the grounds that he turned into a madman after the crime allows more crimes under the pretext of insanity and others.
I think that what is insane and inmoral is do not give an opportunity to the rehabilitation of the murderer. In some countries thare are not death pain and the society is more pacific than in others.
The insanity could be a trick so that the criminal can be pardoned.
Recently, a sane killer (decapitator) was declared insane at the time of the murder, because he gave evidence to police (in exchange for a pardon). He is walking the streets a free man today. He should have been executed.
if he is proven INSANE MEDICALLY AND INTRACTABLE TO TREATMENT then he will be pardoned...if he is cured of insanity after treatment, he will be executed....as he has got his conscience back....