[net.misc] sanity, justice.

grg (06/25/82)

This short note discusses logic, not legality, and not the lack of
correlation thereof.
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The recent note on "pleaded insanity" raises a question of the
relevancy of such a "defense".

Sanity means:    soundness of mind, soundness of judgement.

To plead insanity means "I made a bad judgement".  Isn't this already
determined by the un-lawfullness of the act?

The responsibility of an individual is to maintain sanity, and if not
take the consequences of the efects of his activities.  Anything else
permits and condones errors, and the creation of conditions that create
them.

Many things deplete sanity; tiredness, diet, drugs, food, emotion,
physiological damage, stress, ...  Many common actions are insane.  But
when they exceede the legal limit of insanity I do not see this as a
defense, merely a fact.  Determinations of proper treatment for
various causes of insanity is a different (although related) issue.

		Greg Guthrie
		Bell Labs
		Naperville, Ill (312)979-7303

djj (06/25/82)

I always thought the plea of insanity meant "I was not in control of
my mental functioning at the time in question and I DID NOT KNOW(!!)
whether my judgement was bad.

Many simple analyses of legal cases indicate the sanity/insanity
decision as one of differentiation of right and wrong.  In the
Hinckley case, this seems to translate into John saying "At the time
I shot Reagan, I could not decide if it was right or wrong."

Replies?????

Dave Johnson
BTL - Piscataway

soreff@sri-unix (07/01/82)

Greg Guthrie claims that insanity is equivalent to making "a bad judgement"
which is implied "by the un-lawfullness of the act". There are many scenarios
where commiting an illegal act is a good judgement.
1: Where the person believes the benefits of acting exceed the costs that
   the legal system will impose on them.
2: Where the person believes that the benefits of acting exceed the costs
   that the legal system will impose on them weighted by the detection and
   conviction probabilities.
Greg Guthrie also claims that "The responsibility of the individual is to
maintain sanity...". This seems far too sweeping a statement to me. A few
years ago Army Intelligence or the CIA (I forget which) fed LSD to some
unsuspecting people. I would NOT hold the subjects of those experiments
responsible for their actions while under the influence of the unknowingly
ingested drugs. According to Guthrie's statements, he would hold them
responsible.                      -Jeffrey Soreff