re: Kid who beat teacher for taking away his Nintendo has pled guilty. Punishment?

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my question is, why should this person be allowed to continue to live given the diagnosis?

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I hope I am interpreting your question correctly. Every person has the right to Life, Liberty, and the Pursuit of Happiness until they are deemed a danger to society in a court of law. A diagnosis of Oppositional defiant disorder or Intermittent explosive disorder doesn't mean they shouldn't be allowed to live. Most respond well to Applied Behavior Analysis therapy and will have less violent outbursts as they grow older. A small fraction will outright reject behavioral change because of the established reward system. Violent behavior will ensue they get what they want, whether they take it by force or given out of fear. As adults that small fraction cannot function in society, but they have the right to do so until they commit a crime. A free society cannot punish on a maybe.