Posted by Squiggles on July 19, 2007, at 16:32:25
"* Abolition of the
insanity defense: Szasz believes that testimony about the mental : Szasz believes that testimony about the mental competence of a defendant should not be admissible in trials. Psychiatrist testifying about the mental state of an accused person's mind have about as much business as a priest testifying about the religious state of a person's soul in our courts. Insanity was a legal tactic invented to circumvent the punishments of the Church, which, at the time included confiscation of the property of those who committed suicide, which often left widows and orphans destitute. Only an insane person would do such a thing to his widow and children, it was successfully argued. Legal mercy masquerading as
* medicine, said Szasz."
Many cases of brain damage, poisoning, frontal lobe lesions, retardation, etc. can make any person act outside the capacity of a normal moral range. Therefore, the courts must take this into account when sentencing a mentally disabled person as capable (hence the old idea of "moral insanity"). Not everyone is free in this respect.Squiggles
poster:Squiggles
thread:770596
URL: http://www.dr-bob.org/babble/20070719/msgs/770596.html