Re: RARA-AVIS: Re: Cain and Hammett

From: Patrick King (
Date: 13 Oct 2007

--- JIM DOHERTY <> wrote:

> The insanity plea doesn't have anything to do with
> that. Someone who serves a sentence has already
> been
> found guilty which means either that he didn't raise
> the issue of his mental health, or that, if he did,
> the jury decided that his assertion of insanity
> wasn't
> true. If, having been found guilty, he is then
> given
> a sentence that is less than he deserves, or if he
> then escapes the death penalty when it's appropriate
> that it be imposed, that has nothing to do with
> whether or not a defendant's mental state can be
> raised as an affirmative defense.

Where we disagree, Jim, is that I gather you think Dennis Rader, for example, is "sane." I definitely do not. The so-called "legal" definition of sanity is superfluous to the kind of crimes people like Rader commit. This is where superstitious scruples come into play. Such scruples need to be eliminated. There is no doubt that Rader did commit the crimes attributed to him. To want to commit that kind of crime begs the question of sanity. But what of it? Would you allow a wolf or tiger to wander the neighborhood because they can't help their natures? We keep wolves and tigers behind bars so people can look at them without getting hurt. There's no further need to look at Dennis Rader. He's been poked and proded and tried and found guilty. He should be executed for pure expedience. As long as he is alive, he's a danger to others. If he is ever, under any circumstances, allowed freedom, it is an insult to the living and the dead.

Patrick King

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