Does anyone else think that this is bullshit?

N&P: Discuss governments, nations, politics and recent related news here.

Moderators: Alyrium Denryle, Edi, K. A. Pital

User avatar
18-Till-I-Die
Emperor's Hand
Posts: 7271
Joined: 2004-02-22 05:07am
Location: In your base, killing your d00ds...obviously

Post by 18-Till-I-Die »

MarkIX wrote:18TID
If you were given a gun would you shoot her?
No i would not. I'm not an executioner, and appearantly she was found not guilty, so i would not shoot her.

That doenst mean i dont want to see some kind of justice done, however.
Kanye West Saves.

Image
User avatar
18-Till-I-Die
Emperor's Hand
Posts: 7271
Joined: 2004-02-22 05:07am
Location: In your base, killing your d00ds...obviously

Post by 18-Till-I-Die »

Expanding on that...

If we keep down thsi road, there will be a point where the line between what is and isnt wrong is blurred. Any biggot who murders someone can say they were 'sick', any pedophile can claim mental illness, in short any crime could be written off ans an undiscovered mental diese.

Mental afflictions exist, but the question is: is mental illness a jail out of jail free card for any two-bit murderer or thug? Off hand, i'd say it is becoming tht.
Kanye West Saves.

Image
User avatar
Glocksman
Emperor's Hand
Posts: 7233
Joined: 2002-09-03 06:43pm
Location: Mr. Five by Five

Post by Glocksman »

Here's an article on the insanity defense and it's history.
One of the cornerstones of the criminal justice system in America is the concept of mens rea, a Latin phrase that translates to “state of mind.” In order for a person to be held criminally liable in the courts, our system demands that that he or she must have criminal intent or awareness of the wrongfulness of the act. If a person is mentally ill and unable to tell the difference between right and wrong, for example, then he or she cannot be held criminally culpable in our society.
"You say that it is your custom to burn widows. Very well. We also have a custom: when men burn a woman alive, we tie a rope around their necks and we hang them. Build your funeral pyre; beside it, my carpenters will build a gallows. You may follow your custom. And then we will follow ours."- General Sir Charles Napier

Oderint dum metuant
User avatar
18-Till-I-Die
Emperor's Hand
Posts: 7271
Joined: 2004-02-22 05:07am
Location: In your base, killing your d00ds...obviously

Post by 18-Till-I-Die »

I appologize for the shitty grammar. It's late, and i'm a little off right now.
Kanye West Saves.

Image
User avatar
RedImperator
Roosevelt Republican
Posts: 16465
Joined: 2002-07-11 07:59pm
Location: Delaware
Contact:

Post by RedImperator »

18-Till-I-Die wrote:Expanding on that...

If we keep down thsi road, there will be a point where the line between what is and isnt wrong is blurred. Any biggot who murders someone can say they were 'sick', any pedophile can claim mental illness, in short any crime could be written off ans an undiscovered mental diese.
Slipperly slope.
Mental afflictions exist, but the question is: is mental illness a jail out of jail free card for any two-bit murderer or thug? Off hand, i'd say it is becoming tht.
False dilemma ("discard insanity as a defense or allow any criminal to use it") and utterly unsupported assertion. Try again.
Image
Any city gets what it admires, will pay for, and, ultimately, deserves…We want and deserve tin-can architecture in a tinhorn culture. And we will probably be judged not by the monuments we build but by those we have destroyed.--Ada Louise Huxtable, "Farewell to Penn Station", New York Times editorial, 30 October 1963
X-Ray Blues
User avatar
Ghost Rider
Spirit of Vengeance
Posts: 27779
Joined: 2002-09-24 01:48pm
Location: DC...looking up from the gutters to the stars

Post by Ghost Rider »

18-Till-I-Die wrote:Expanding on that...

If we keep down thsi road, there will be a point where the line between what is and isnt wrong is blurred. Any biggot who murders someone can say they were 'sick', any pedophile can claim mental illness, in short any crime could be written off ans an undiscovered mental diese.

Mental afflictions exist, but the question is: is mental illness a jail out of jail free card for any two-bit murderer or thug? Off hand, i'd say it is becoming tht.
BUT THEY HAVE TO BE PROVEN TO BE MENTALLY INCAPABLE OF UNDERSTANDING THE RIGHT OR WRONG OF THEIR ACTIONS.

This is the cornerstone of why we have this...to show whether or not were they within their full capacity of understanding right or wrong.

When a Bigot/Two bit hood/Enforcer/Pedophile/Kidnapper kills they 99% of times know WHY they did it and grasp the Right or Wrong of said action...he or she knows full well what action was commited, and in that was legally sane...so stop strawmaning the issue. I may dislike that she is getting off, but if she did not KNOW what she was doing then she is by our terms legally insane.
MM /CF/WG/BOTM/JL/Original Warsie/ACPATHNTDWATGODW FOREVER!!

Sometimes we can choose the path we follow. Sometimes our choices are made for us. And sometimes we have no choice at all

Saying and doing are chocolate and concrete
MarkIX
Padawan Learner
Posts: 264
Joined: 2003-09-06 06:28am
Location: China

Post by MarkIX »

Glocksman wrote:Here's an article on the insanity defense and it's history.
One of the cornerstones of the criminal justice system in America is the concept of mens rea, a Latin phrase that translates to “state of mind.” In order for a person to be held criminally liable in the courts, our system demands that that he or she must have criminal intent or awareness of the wrongfulness of the act. If a person is mentally ill and unable to tell the difference between right and wrong, for example, then he or she cannot be held criminally culpable in our society.
HOw does Manslaughter work in this context?
You can judge the character of a person by what they fear
User avatar
Darth Wong
Sith Lord
Sith Lord
Posts: 70028
Joined: 2002-07-03 12:25am
Location: Toronto, Canada
Contact:

Post by Darth Wong »

Criminal insanity means that you didn't realize what you were doing. The classic thought experiment is a sleepwalking man who thinks he's cutting a loaf of bread when he's actually slitting someone's throat.

In this case, she was completely cognizant of the fact that she was murdering her own children. She was not criminally insane. The fact that she thought God told her to do it does not in any way change the fact that she knew she was committing murder; it only means she thought she had some religious motive to do it.

Think about it: by the fucked-up "logic" used to exonerate this bitch, the 9/11 hijackers should be found not guilty (assuming they somehow survived and stood trial, of course).
Image
"It's not evil for God to do it. Or for someone to do it at God's command."- Jonathan Boyd on baby-killing

"you guys are fascinated with the use of those "rules of logic" to the extent that you don't really want to discussus anything."- GC

"I do not believe Russian Roulette is a stupid act" - Embracer of Darkness

"Viagra commercials appear to save lives" - tharkûn on US health care.

http://www.stardestroyer.net/Mike/RantMode/Blurbs.html
User avatar
Darth Wong
Sith Lord
Sith Lord
Posts: 70028
Joined: 2002-07-03 12:25am
Location: Toronto, Canada
Contact:

Post by Darth Wong »

Ghost Rider wrote:BUT THEY HAVE TO BE PROVEN TO BE MENTALLY INCAPABLE OF UNDERSTANDING THE RIGHT OR WRONG OF THEIR ACTIONS.
I would replace "right and wrong" with "legality or illegality" in that sentence. A white supremacist truly believes he's doing the right thing when he kills a black man for dating a white woman.
Image
"It's not evil for God to do it. Or for someone to do it at God's command."- Jonathan Boyd on baby-killing

"you guys are fascinated with the use of those "rules of logic" to the extent that you don't really want to discussus anything."- GC

"I do not believe Russian Roulette is a stupid act" - Embracer of Darkness

"Viagra commercials appear to save lives" - tharkûn on US health care.

http://www.stardestroyer.net/Mike/RantMode/Blurbs.html
User avatar
haas mark
Official SD.Net Insomniac
Posts: 16533
Joined: 2002-09-11 04:29pm
Location: Wouldn't you like to know?
Contact:

Post by haas mark »

18-Till-I-Die wrote:Expanding on that...

If we keep down thsi road, there will be a point where the line between what is and isnt wrong is blurred. Any biggot who murders someone can say they were 'sick', any pedophile can claim mental illness, in short any crime could be written off ans an undiscovered mental diese.
This is not the same as criminally insane. That's why we have the distinction.
Mental afflictions exist, but the question is: is mental illness a [get] out of jail free card for any two-bit murderer or thug? Off hand, i'd say it is becoming tht.
No, because it actually requires thought and study on the part of psychologists and psychiatrists in order to determine whether alleged criminal is indeed insane. Do you know nothing of the legal system? If not, then why don't you just shut the fuck up?
Robert-Conway.com | lunar sun | TotalEnigma.net

Hot Pants à la Zaia | BotM Lord Monkey Mod OOK!
SDNC | WG | GDC | ACPATHNTDWATGODW | GALE | ISARMA | CotK: [mew]

Formerly verilon

R.I.P. Eddie Guerrero, 09 October 1967 - 13 November 2005


Image
User avatar
Plekhanov
Sith Marauder
Posts: 3991
Joined: 2004-04-01 11:09pm
Location: Mercia

Post by Plekhanov »

18-Till-I-Die wrote:How about anyone who comits murder, insane or not, has to be tried and convicted as normal. No grey area there. It treats everyone as equals--they get the exact same chance in a court you or i would, and vice versa, and no cop outs other than, perhaps, a plea bargan.

I'd say that is far more fair and even handed than the current system.
What no exceptions whatsoever? There have been cases (admittedly rare) where people have committed serious crimes up to and including murder after reacting to prescription medicines or when suffering from undiagnosed brain tumours. When the medication was changed or the tumour treated they reverted to ‘normal’ and were appalled by their actions, are you really saying that these people should be put to death for things that truly aren’t their fault?

The law needs some flexibility and maybe even ‘grey areas’ as life is extremely complicated and is rarely black and white.
User avatar
Ghost Rider
Spirit of Vengeance
Posts: 27779
Joined: 2002-09-24 01:48pm
Location: DC...looking up from the gutters to the stars

Post by Ghost Rider »

Darth Wong wrote:
Ghost Rider wrote:BUT THEY HAVE TO BE PROVEN TO BE MENTALLY INCAPABLE OF UNDERSTANDING THE RIGHT OR WRONG OF THEIR ACTIONS.
I would replace "right and wrong" with "legality or illegality" in that sentence. A white supremacist truly believes he's doing the right thing when he kills a black man for dating a white woman.
Yeah...my 1 AM brain should have, for proper citing of why we have that particular system.
MM /CF/WG/BOTM/JL/Original Warsie/ACPATHNTDWATGODW FOREVER!!

Sometimes we can choose the path we follow. Sometimes our choices are made for us. And sometimes we have no choice at all

Saying and doing are chocolate and concrete
User avatar
muse
Jedi Council Member
Posts: 1812
Joined: 2003-11-26 07:04pm

Post by muse »

So let me get this straight, this case more or less comes down to "god told her to kill her children, and she killed them, and then she's found to be delusional and insane". Well I can definitely see where the delusional part comes in since there is no god but the rest..I don't know..i have no words to express my feelings.

There's things that ring warning bells in my head from that article, for instance:
Defense attorneys argued that insanity was the only reason why a deeply religious mother who homeschooled her children would kill two of them and maim another without so much as a tear.
Alright, so since when does being deeply religious and homeschooling your children have anything to do with it? Are they implying that a deeply religious person has to be insane to commit a sin? What would this mean for a non-religious person who commits a crime? I find this highly disturbing.
Prosecutors portrayed the killings as deceptively planned and coldly executed. They said that even if Laney believed she was doing right by God, she had to have known she was doing wrong by state law. Her first call, they pointed out, was to 911 to summon authorities.
Alright, so she killed her kids and the first thing she does is call the authorities. Why? I can think of several possibilities and they all imply that she knew she'd done something wrong. Maybe I'm not thinking hard enough, or maybe I'm just sane. I don't know.
ø¤ º°`°º¤ø,¸¸,ø¤º°`°º¤ø,¸¸¸,ø¤º°`°º¤ø,¸¸,ø
Quidquid latine dictum sit, altum viditur.
(Whatever is said in Latin sounds profound.)

I like Celine Dion myself. Her ballads alone....they make me go all teary-eyed and shit.
- Havok
User avatar
Mayabird
Storytime!
Posts: 5970
Joined: 2003-11-26 04:31pm
Location: IA > GA

Post by Mayabird »

muse wrote:
Defense attorneys argued that insanity was the only reason why a deeply religious mother who homeschooled her children would kill two of them and maim another without so much as a tear.
Alright, so since when does being deeply religious and homeschooling your children have anything to do with it? Are they implying that a deeply religious person has to be insane to commit a sin? What would this mean for a non-religious person who commits a crime? I find this highly disturbing.
They say this every time somebody goes on a killing rampage: "But...but...he/she was so religious and went to church all the time!" It's the "Godly=Good" mentality most people are brainwashed into them from an early age until they can't even imagine something differently. You see this every time people claim that Christians/Muslims/whatever who murder in the name of their god "aren't REAL Christians/Muslims/whatnot." Hence Shrub's "Evil people have no religion" comments in speeches about Islamic terrorists.
DPDarkPrimus is my boyfriend!

SDNW4 Nation: The Refuge And, on Nova Terra, Al-Stan the Totally and Completely Honest and Legitimate Weapons Dealer and Used Starship Salesman slept on a bed made of money, with a blaster under his pillow and his sombrero pulled over his face. This is to say, he slept very well indeed.
User avatar
Bob McDob
Rabid Monkey
Posts: 1590
Joined: 2002-07-25 03:14am

Post by Bob McDob »

Mmm, if she somehow ends up getting cured she'll probably end up killing herself anyway.
That's the wrong way to tickle Mary, that's the wrong way to kiss!
Don't you know that, over here lad, they like it best like this!
Hooray, pour les français! Farewell, Angleterre!
We didn't know how to tickle Mary, but we learnt how, over there!
Post Reply