A New Jersey student shot by a stray bullet while away at school in Tennessee has died. Jillian Ludwig, an 18-year-old student at Belmont University […]
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Among the many serious issues facing this country, this one may be the most intractable to address, let alone correct. No, its not the crime issue, its the race issue–the dysfunctional issue.
From a logic standpoint, the defense to any criminal charge that the defendant is not guilty by reason of mental defect doesn’t make sense. If a crime consists of two elements: acts and intention or mental state, then anyone charged with actually having committed the act is guilty at least in part upon provision of evidence. A person’s mental defects should be further distinguished between temporary (and often self-induced) “lack of competency” like drug or alcohol use and an inborn inability to form the requisite intent…ever. For years, drunk drivers were given a pass for killing others and denying them their rights because bad judges equated being drunk with lacking requisite intent. Those, like Taylor, are absolutely guilty of acts which constitute crimes and deny other citizens their rights. Yet, his “incompetency” results in a pass. He is actually guilty, but incompetent and should be removed from Society…forever. IOW, his guilt in having done the act can be proven, but sentencing would distinguish between prison or some other fate based on his supposed incompetence.
Well, it was a good deal back in the day. It used to be a successful insanity/incompetency defense was a real booby prize; instead of going to a "pound me in the a** prison for a set number of years, the defendant would be committed to a psych hospital where they’d stay until cured which could effectively be a life sentence without parole.
Sadly we decided mental hospitals were mean and probably racist some years ago and stopped doing that.
Perhaps the booby prize now should be gender-altering surgery to actually install boobs? LOL