Mad or Bad … or ?

Mark Lewis tweets the accepted refrain – accepted in the sense that the existing legal situation appears to demand this choice. But no reason the judiciary shouldn’t do the right thing ?

Mad or bad:
#breivik will be sentenced tomorrow.
He wants prison.
Prosecution wants compulsory mental healthcare

Right thing is – he’s guilty (culpable, responsible, rational, aware) and insane (morality based on narrow rationality alone). He gets (more we get him, it’s not about him) imprisoned for the protection of society (life or until deemed not dangerous) – he gets offered therapy for his mental health. If he doesn’t see his problem he declines the offer, when he does, he gets the therapy. No risk to society, he’s in prison.

If choice is enforced – then “mad” is the best option – so long as the the mental institution is actually as secure as a prison, and the sentence is still “life or until not dangerous” – with some good checks and balances on any non-dangerous decision. Once deprived of his freedoms (*), don’t see why the “health care” should be enforced – offered yes, enforced no.

(*) This is the real question – what human “rights” does this kind of criminal have ? Very little external communication so long as he remains “dangerous” clearly. Being declared insane – or with his sanity suffering from a specific disorder or two – against his wishes, is part of the rights-deprivation punishment – depriving him of the right to be considered sane.

[I’m repeating myself.]

[Post Note : As claimed earlier, Breivik’s defence  confirm today that he will appeal if found insane, but not if found plain “guilty”. A fact which confirms – ie no surprise – that insane is the greater punishment for him, depriving him of one important satisfaction. Be interesting to see if the judges rationalise that guilty is the better verdict simply to avoid the ongoing limelight of an appeal – but I hope not. Provided for the victims the less than sound mind verdict doesn’t relieve him of any culpability, then the world needs the insane verdict – insanely culpable, culpably insane.

Mad, bad and dangerous enough to be in prison.
Mad, bad and dangerous enough to be guilty.
Mad, bad and dangerous enough to be of less than sound mind.
Mad, bad and dangerous enough to be offered therapy.]

[Post Note 24th – Verdict – Guilty / Prison and of Sound Mind. Typically Norwegian bureaucratic sentencing, with no “judgement” by the judges, just a list of penal code sections and subsections applicable.

Boy does the world need a redefinition of “sound mind”.]

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