printIn the legal system, a shambles really, truth is often dismissed if petty procedural rules have been violated. If a defense lawyer can prove that an arresting officer skipped a word while mirandazing a murderer, the entire case ‘DNA evidence and all’ may be retried or worse: reality might even be reversed. The murderer, caught mid-act, could be found innocent. The exclusionary rule is another legal trick by which this can be achieved.
The modern day Medea, Andreas Pia Yates, methodically drowned her children aged six months to seven years. I won’t go into the tiresome details, but thanks to a legal technicality, she’s gone from guilty of murder to innocent by reason of insanity.
Even if the stellar jury that first convicted her overlooked her alleged psychosis, as I’ve written, “An individual’s essential nature does not change because he suffers behavioral or mood problems. Most ‘mentally-ill’ people choose never to commit murder. Why? Because mental peculiarities don’t rob people of their moral nature. Texas law concurs by implying that even under extreme mental duress, a person is not bereft of the capacity to reflect on his actions and thoughts and make choices. In every situation, no matter the constraints, one can exercise some free will, even if it’s only to decide how to respond to a hopeless predicament.
The insanity plea is bad enough as it is:
“ It capitulates to the mistaken ‘and corrosive’ notion that, when crimes are too horrible to comprehend, medical concepts must replace moral concepts. The insanity plea further performs a very odd exercise: It says that to find her not guilty by reason of insanity, the jurors would have had to accept that it was not Yates, but her ‘disease’ or some alter ego, that tortured those children to death. According to the new, reality-reversing verdict, Yates is no longer a victimizer, but an innocent victim of her ‘disease.’
This nonsensical bifurcation flouts the Law of Identity: A person can’t have done the deed, yet simultaneously be innocent of it! The great 19th-century American philosopher Lysander Spooner put it this way: ‘Guilt is an intrinsic quality of actions, and can neither be created, destroyed or changed by legislation.’
* In addition to the hyperlinks in the text, you can read more about so-called mental disease in “Broken Brains?”