shesulsa said:
It was fascinating - and you're right - there are so many topics we could go on off of this article - I just don't know where to begin.
How about the insanity plea? (let's just jump right in, shall we?) Some say that anyone would have to be insane to kill...I disagree. That said, if a person takes the life of another in a non-combat (war) or self-defense situation, isn't that person mentally unbalanced? And when does "mentally unbalanced" become "insane"? And do you all believe there is truly a difference between the two when it comes to murder?
As the investigator in the article said, the legal measure of insanity has to do with proving a subjective mind-set. It's the same reason we discriminate between first, second, third degree murder and manslauter (somehow there's a difference between third-degree and manslauter, I can't remember what it is though). These are separated according to intent: 1st degree means the murder was planned out and the murderer knew exactly what they were doing. Second degree is fit-of-passion, i.e. it wasn't planned out, but a result of irrational emotions. Then there's third-degree and manslauter, where the killing is a result of unintentional neglect.
Similarly, the insanity defense is based on proving that the defendent couldn't recognize what they were doing as a bad thing to do. They had at the time, or permanently have, no moral concept. I agree that you can be quite sane to kill someone: you know what you're doing, you know it's wrong, you plan it out, etc.
I agree with this system on the basis of discriminating according to intent with murder cases. Honestly, I don't understand why the "fit-of-passion" murder is considered less blameworthy than the first-degree. Even if you kill a guy right then and there in response to finding him ****ing your wife, you still had full intent to do it.
I really have no idea about the war question, but as far as self-defense goes, I think that if you're forced to use violence to defend yourself (i.e. can't run away, can't talk your way out of it, etc.) then there's no problem with it, so long as there was no other way than killing the person to eliminate the danger. I don't really understand why this would involve mental imbalance though.