Should People Who Have Mental Illness/Retardation Be Tried As An Adult?

genuineoriginal

New member
To be held responsible for your actions you need to recognize the nature and consequence of your actions and intend those actions. Say someone with a serious mental impairment strikes and kills someone in anger. Thereafter they see a dead body. They understand the person should not be dead and that they have done something to cause it. They then attempt to hide the body.

That's not meeting the standard. That's also why temporary insanity is sometimes a defense for otherwise perfectly functioning adults, in terms of their cognitive process and why we distinguish between premeditated murder and all other taking of life.

People with mental impairments can understand all of that and where they do should be tried as any other person would. Children, operating with tremendously impaired thinking relative to impulse control and recognition, largely tied into an insufficiently developed prefrontal cortex, aren't tried as adults because they prima facie lack both the experience and biological development to fully appreciate the nature and consequence of their actions. It's why we don't let them have credit cards or go to war.
There is no need for the ox to recognize the nature and consequence of his actions.

Exodus 21:28
28 If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.​

If a person has no more ability to recognize the nature and consequence of his actions than the ox, then there should be no problem putting the person to death.
 

Town Heretic

Out of Order
Hall of Fame
There is no need for the ox to recognize the nature and consequence of his actions.
The ox is an animal who could can neither murder nor be murdered. That verse is largely about not transferring the responsibility for the act onto the owner. Now again, we aren't under Mosaic law, but within that context that's the point.

If a person has no more ability to recognize the nature and consequence of his actions than the ox, then there should be no problem putting the person to death.
:plain: That's literally a silly argument, preceding from a flawed foundation as noted above.
 

genuineoriginal

New member
If a person has no more ability to recognize the nature and consequence of his actions than the ox, then there should be no problem putting the person to death.
:plain: That's literally a silly argument, preceding from a flawed foundation as noted above.
You were not clear about what you believe is a flawed foundation for my argument, and "noted above" is not a good argument.

Let me restate my argument:
If an animal is a man-killer, it is put to death, despite it being unable to commit murder due to having no ability to recognize the nature and consequences of its actions.
If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer.
 

drbrumley

Well-known member
You were not clear about what you believe is a flawed foundation for my argument, and "noted above" is not a good argument.

Let me restate my argument:
If an animal is a man-killer, it is put to death, despite it being unable to commit murder due to having no ability to recognize the nature and consequences of its actions.
If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer.

That's about the DUMBEST thing I have ever had the misfortune of reading. A Billy Madison skit would be appropriate here.
 

Town Heretic

Out of Order
Hall of Fame
That's about the DUMBEST thing I have ever had the misfortune of reading. A Billy Madison skit would be appropriate here.
So, using a different take on his logic, you're an animal when you sleep, because at that point you can't recognize the nature and consequence of anything. Meaning anyone who wants to kill someone should just wait until they nod off...or kill someone who is significantly impaired. Because, you know, they aren't human according to gen.
 

genuineoriginal

New member
That's about the DUMBEST thing I have ever had the misfortune of reading. A Billy Madison skit would be appropriate here.
What excuse would you give for not putting a man-killing animal to death?

Harambe was killed even though he only posed a threat to the child that fell into into the gorilla enclosure.
 

genuineoriginal

New member
So, using a different take on his logic, you're an animal when you sleep, because at that point you can't recognize the nature and consequence of anything.
If a man is killing people in his sleep, being asleep should not be an acceptable excuse for not applying the death penalty to that man.
Meaning anyone who wants to kill someone should just wait until they nod off...or kill someone who is significantly impaired. Because, you know, they aren't human according to gen.
straw-man-meme.jpg
 

drbrumley

Well-known member
What excuse would you give for not putting a man-killing animal to death?

Wrong question. Since you think If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal,

I guess the baby in the womb is just an animal....you can't make this stuff up.

Harambe was killed even though he only posed a threat to the child that fell into into the gorilla enclosure.


Yes, which Harambe was an ACTUAL animal
 

Town Heretic

Out of Order
Hall of Fame
If a man is killing people in his sleep, being asleep should not be an acceptable excuse for not applying the death penalty to that man.
I didn't use a straw man, didn't misrepresent what you didn't think through thoroughly. You reduced right and humanity to a level of cognitive function. That's not the standard, which is why you aren't less than human when you sleep or if you're profoundly impaired.

Let's look at those two parts again.

If an animal is a man-killer, it is put to death, despite it being unable to commit murder due to having no ability to recognize the nature and consequences of its actions.
That's right. We don't try animals. They don't have the same rights as we do and if one poses a danger it can be put down. An animal can neither murder nor be murdered. Comparing it to a man is mistaken in foundation. Continuing...

If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer.
And that's where you veer out of the rational lane and into oncoming sarcasm. You might have a reaction to a drug that takes you out of the ability to understand the nature and consequences of your actions. You don't stop being human. When you're asleep you don't stop being human. If you're profoundly impaired in terms of cognitive function for other reasons, including genetics, you don't stop being human.
 

genuineoriginal

New member
Wrong question. Since you think If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal,

I guess the baby in the womb is just an animal....you can't make this stuff up.
Are you an extreme leftist or are you just pretending to be one?
I can't tell without a smiley.

Let me restate my argument again, since you are showing no ability to comprehend a common sense argument:
Murder is the crime of killing a human with intent.
You have to have the ability to recognize the nature and consequences of your actions in order to have intent.

An animal is unable to recognize the nature and consequences of its actions.
An animal is able to kill a human.
An animal is not able to commit the crime of murder.
An animal that kills a human is put to death because it is dangerous, not because it commits murder.

Some humans are unable to recognize the nature and consequence of their actions.
Those humans are like animals in their inability to recognize the nature and consequence of their actions.
Those humans are able to kill a human.
Those humans are not able to commit the crime of murder.
Those humans are dangerous and should be put to death because they are dangerous, despite not being able to commit the crime of murder.

Man-killers should be put to death because they are dangerous, whether they are animals or they are humans, whether they have the ability to recognize the nature and consequences of their actions or not.


animal
a human being considered chiefly as physical or nonrational

That is the definition of animal I am using when I said:
If a person is unable to recognize the nature and consequences of its actions, it is not a (rational) human, but is an animal (a nonrational human), and is to be put to death if it is a man-killer.
 

genuineoriginal

New member
I didn't use a straw man
Of course you did.
You took a statement I made about using the death penalty on a man-killer that could not be considered to be a murderer according to the legal definition of murder:
If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer.
And you completely changed my argument as if I was talking about just killing anyone you want to kill just because they took a nap.
Meaning anyone who wants to kill someone should just wait until they nod off...or kill someone who is significantly impaired. Because, you know, they aren't human according to gen.
 

Town Heretic

Out of Order
Hall of Fame
Of course you did.
No, you're just looking in the wrong place. I explained that, but you don't want to see it, so you don't.

You took a statement I made about using the death penalty on a man-killer that could not be considered to be a murderer according to the legal definition of murder:

If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer.[

And you completely changed my argument as if I was talking about just killing anyone you want to kill just because they took a nap.
No, I didn't. You're not looking at the problem you cause for yourself. It's in the first part, not the attempt to qualify the application.

Your standard is this: if a person is unable to recognize the nature and consequences of its actions it is not human.

At that point it can be put down, for the same reason we put down an animal, the part you omitted from this retelling.

The problem with that is that if not understanding the nature and consequences of your action removes humanity, then anyone failing that for any reason is just an animal and can be treated as such.

That was your problem at the time of my posting and my answer to frame it. I see you're working on reshaping it now, though I haven't read through the effort yet.
 

genuineoriginal

New member
No, you're just looking in the wrong place. I explained that, but you don't want to see it, so you don't.
Stop trying to fool yourself.

No, I didn't. You're not looking at the problem you cause for yourself. It's in the first part, not the attempt to qualify the application.

Your standard is this: if a person is unable to recognize the nature and consequences of its actions it is not human.

At that point it can be put down, for the same reason we put down an animal, the part you omitted from this retelling.
I am sure you are omitting the FACT that I was talking about someone who commits a capital offense and that I specifically used the term man-killer when describing why the animal is put down.

The problem with that is that if not understanding the nature and consequences of your action removes humanity, then anyone failing that for any reason is just an animal and can be treated as such.
If you did not intentionally produce the straw man argument you are trying to defend, then there is something seriously wrong with how you think.

That was your problem at the time of my posting and my answer to frame it. I see you're working on reshaping it now, though I haven't read through the effort yet.
I am not reshaping my argument into a different argument, I am providing more emphasis on the main points of my argument for people that are expecting it to be written for a sixth grade reading level.
 

Town Heretic

Out of Order
Hall of Fame
Stop trying to fool yourself.
Stop being defensive. Your argument was fatally flawed in its premise.

I am sure you are omitting the FACT that I was talking about someone who commits a capital offense and that I specifically used the term man-killer when describing why the animal is put down.
Doesn't matter. Here's YOUR standard again:

"If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer."

When is a person not human? By your standard the answer is when it is unable to recognize the nature and consequences of its actions.

And that remains wrong. Incapacity in that regard may remove responsibility, depending on whether the failure is predicated on personal behavior (like drinking to excess) or some extraneous factor (like genetic impairment) but it cannot remove humanity.

Trying to suggest that the killing alters that is even less rational.

If you did not intentionally produce the straw man argument you are trying to defend, then there is something seriously wrong with how you think.
It's not a strawman argument and there's literally nothing wrong with how I think that you'll demonstrate, whereas I just demonstrated, again, the problem with your attempt. The better move would have been for you to laugh at it yourself and try again.

I am not reshaping my argument into a different argument, I am providing more emphasis on the main points of my argument for people that are expecting it to be written for a sixth grade reading level.
:plain:
 

genuineoriginal

New member
Stop being defensive. Your argument was fatally flawed in its premise.
It was your inability to think rationally that was flawed.
Doesn't matter. Here's YOUR standard again:

"If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer."
No, here is my standard again:
If an animal is a man-killer, it is put to death, despite it being unable to commit murder due to having no ability to recognize the nature and consequences of its actions.
If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer.

Both statements go together.
When is a person not human? By your standard the answer is when it is unable to recognize the nature and consequences of its actions.
When is a person that is a man-killer not human? When he is unable to recognize the nature and consequences of its actions.

And that remains wrong. Incapacity in that regard may remove responsibility, depending on whether the failure is predicated on personal behavior (like drinking to excess) or some extraneous factor (like genetic impairment) but it cannot remove humanity.
You seem to want to include drinking to excess as a new criteria for declaring that someone is not human.

Our discussion is about whether or not to hold a person criminally responsible for his crimes due to that person being unable to recognize the nature and consequences of his actions because of mental illness or mental retardation.
Is drinking to excess used as a reason for not holding a person criminally responsible for his crimes?
 

Town Heretic

Out of Order
Hall of Fame
It was your inability to think rationally that was flawed.
No, but I'll try to help you through your blind spot again, just to be optimistic.

If an animal is a man-killer, it is put to death, despite it being unable to commit murder due to having no ability to recognize the nature and consequences of its actions.
No animal has the rights of a human being. We put down animals for less, for multiple biting incidents or anything that constitutes a public menace. It doesn't have a defense at law. There is no hearing on the capacity of a dog that kills a child, by way of. If we know the dog is the dog that killed the child we put the dog down. Capacity has nothing to do with the decision.

Now let's see why you started with that proffer.
If a person is unable to recognize the nature and consequences of its actions, it is not a human, but is an animal, and is to be put to death if it is a man-killer.
So you've made two statements in that. The first is that if a person doesn't understand the nature and consequence of its actions it isn't human. And because that person is an animal it can be put down if it is a man-killer. Your mistake appears to be founded in your belief that capacity has some relation to how we treat animals. And then you try to use that to bridge the gap between the two for how we should then treat people.

That's why you got a funny look from a couple of us as your writing stood.

Now you could have tried, "If a person kills another without understanding the nature and consequence of their actions they are like an animal that kills without that capacity and we should respond the way we do to an animal posing an inherent danger to society." It would be better, if still arguable and flawed.

You seem to want to include drinking to excess as a new criteria for declaring that someone is not human.
Rather, I was noting that a lack of capacity isn't necessarily a bar to prosecution. If you do something that causes that foreseeable incapacity it is different than having a genetically caused inability to grasp.
 

genuineoriginal

New member
No animal has the rights of a human being. We put down animals for less, for multiple biting incidents or anything that constitutes a public menace. It doesn't have a defense at law. There is no hearing on the capacity of a dog that kills a child, by way of. If we know the dog is the dog that killed the child we put the dog down. Capacity has nothing to do with the decision.
Yep.
So you've made two statements in that. The first is that if a person doesn't understand the nature and consequence of its actions it isn't human. And because that person is an animal it can be put down if it is a man-killer.
Try again, without creating a straw man argument next time.

A straw man is a common form of argument and is an informal fallacy based on giving the impression of refuting an opponent's argument, while actually refuting an argument that was not presented by that opponent. One who engages in this fallacy is said to be "attacking a straw man."

Now you could have tried, "If a person kills another without understanding the nature and consequence of their actions they are like an animal that kills without that capacity and we should respond the way we do to an animal posing an inherent danger to society." It would be better, if still arguable and flawed.
I see that you are actually capable of understanding.

You can argue against that rewording of my argument without fighting a straw-man of your own creation.
 

ok doser

lifeguard at the cement pond
If someone is incapable of understanding their actions then they aren't a murderer by definition. See "Of Mice & Men" by way of example. Lennie's character isn't a murderer as he doesn't mean to kill. Executing him as one wouldn't serve "justice" in any form.

You realize that didn't end well for Lennie? :rain:


lennie understood his actions - he knew he had killed Curley's wife, tried to hide it and hide from the consequences of his actions

executing him (after a trial) would have served justice and would have prevented any further incidents of a similar nature
 
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