Submitted, for, and as, Comment.
Posted by: TheLegalEagle
In: r/SpaceLaw
Subj: Mads and the Insanity Defense
This one comes up every now and then, especially after the recent incident. Are Mads having a Blue Hair Day legally responsible for their actions?
Now, dear readers, the Insanity defense has existed in some form at least as far back as the early Code of Hammurabi. Most jurisdictions on some level will recognise that individuals who are subject to, and under the influence of a mental illness, psychosis or similar can, under certain circumstances, not lawfully be responsible for their actions. These individuals should then be compassionately treated for their condition, rather than incarcerated for 23 hours in solitary confinement howling at concrete walls like wolves because they system is set up more to be seen to punish than to actually deal justice.
Ahm... Excuse me. I do tend to go on a little bit.
The basic standpipe for the insanity defence is that, at the time of their acteus reus, the accused was not in such a mental position that they were capable of being aware their actions were wrong. They lacked what is called the Mens Rea. It is a little more complicated than that, taking into account such factors as intoxication and the defendant's culpabilitiy in their own psychosis (e.g, did they intentionally stop taking an anti-psychotic prior to their episode, knowing such an episode was possible). All of these factor into the verdict delivered by the judiciary, what punishment is required (if any), or what treatment is required (if any).
It is also perfectly legitimate for a person who, through no fault of their own, is gripped by a temporary psychosis or panic, to be freely released as they were demonstrably not aware of their actions, the consequences of their actions or where otherwise insensate. This has been tested in precent by several advocates in multiple arbitration proceedures in the denoument of the recent conflict. In one recent case, an active-duty member of the Panzer Kunst Gruppe was arraigned on charges of assault with a deadly weapon and murder through use of an airlock. The individual was found under technical examination to have suffered a malfunction in one of their core neural implants which caused symptoms equivelant to an intense schizophrenic episode, leading to a violent attack on two bystanders. The malfunctioning implant was repaired, removing the cause of the psychosis.
Rightfully, this individual was found innocent by reason of temporary insanity and as the cause of this insanity had been corrected, was justly released into the custody of the Gruppe. Legal responsibility in this case ultimately fell upon the manufacturer of the sensor interface, who was required to pay compensation to the victim's family.
This is also a matter somewhat close to my heart. Since my modification I have become, as some would describe, something of a 'legal' mad, if such a thing were be be considered possible
Now, how does this apply to Madness, you might ask? Is Madness a mental illness?
There is a quote I have always held close to me, arguably from one of the original Mad Scientists.
"When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you've had your technical success. "
These words were spoken by Oppenheimer, after the atomic bomb. I believe, they sum up the attitude of the majority of Mad Scientists on some natural level. In a Blue Hair episode, nothing matters except that technical success. Only after the fact, do they realise just what they have achieved and the consequences of their works. While most Fen may understand that such and such a project may ultimately lead to disastrous consequence, a Mad lacks this awareness. They lack this fundamental warning. All a Mad understands is the goal, the end-point, the result of the experiment.
Ultimately, Madness is the single minded pursuit of an idea, of a solution, of an answer - to the exclusion of all else. A Mad in the depths of an episode may forgo sleep, food or even water until they have the answer their mind demands. They are physically incapable of thinking of anything else beyond the end, beyond the experiment, beyond the problem. There is a reason few 'sane' Mads will live in highly populated places. And almost all Mads will have a retinue of trusted friends, created androids or other form of carers who will see to their psychological and physical needs while they are in the throes of an episode. One of the duties of these carers is often to ensure that the afflicted Mad does not unintentionally harm an innocent (or otherwise) individual.
I would, in good conscience, make the argument before an advocate that Madness, therefore, constitutes a form of psychosis and is therefore eligible for the insanity defense. Finding a psychologist willing to provide expert testimony to this regard is a matter of checking the local directories. In the majority of cases I would expect to have a good chance of achieving a succesful outcome for my client. Depending on the settlement, this can mean anything from a release, to a ship actually being present on the other side of the airlock when they are kicked out.
As for how Madness should be treated.
Multiple factions will have different methods. SHIELD has the highly effective Armsmaster Protocol, while the Crystal Millenium has multiple minor settlements in the archipelago to provide private, quiet places where a Mad can practice in peace. Ultimately, treatment continues for the life of the afflicted Mad, either to the point where their condition normalises or their obsessions are turned towards a harmless or more constructive cause. It is not unusual for a Mad to be taken into the legal custody of a close friend or aquaintance, who will be responsible for their actions in their stead.
I would expect in this case that the most likely legal outcome is that the crew of the Sol Bianca will be, at the very least, required to take legal custody of the Professor. In Which case they can be held financially and legally responsible for his actions.
Should a civilised mundane jurisdiction succeed in arresting him, it is likely that he would suceed in the insanity defense in most nations. In this case, he would likely be institutionalised for his own, and for the public's, safety. To what end this institutionalisation would be succesful in treating him is a matter for a psychiatrist.
In this incident, it may depend on the quality of the advocate The Professor can afford, and whether the attacked individual lives, lives with the assistance of a biomod, or dies of their injury. The culpability of the one who struck the mortal blow may depend upon your opinion on Superior Orders, along with the ability of an android to resist their creator, as well as what her understanding of the situation was.
We shall see, but I expect this case shall only be useful as precedent up until the next Convention.
--------
________________________________
--m(^0^)m-- Wot, no sig?
Posted by: TheLegalEagle
In: r/SpaceLaw
Subj: Mads and the Insanity Defense
This one comes up every now and then, especially after the recent incident. Are Mads having a Blue Hair Day legally responsible for their actions?
Now, dear readers, the Insanity defense has existed in some form at least as far back as the early Code of Hammurabi. Most jurisdictions on some level will recognise that individuals who are subject to, and under the influence of a mental illness, psychosis or similar can, under certain circumstances, not lawfully be responsible for their actions. These individuals should then be compassionately treated for their condition, rather than incarcerated for 23 hours in solitary confinement howling at concrete walls like wolves because they system is set up more to be seen to punish than to actually deal justice.
Ahm... Excuse me. I do tend to go on a little bit.
The basic standpipe for the insanity defence is that, at the time of their acteus reus, the accused was not in such a mental position that they were capable of being aware their actions were wrong. They lacked what is called the Mens Rea. It is a little more complicated than that, taking into account such factors as intoxication and the defendant's culpabilitiy in their own psychosis (e.g, did they intentionally stop taking an anti-psychotic prior to their episode, knowing such an episode was possible). All of these factor into the verdict delivered by the judiciary, what punishment is required (if any), or what treatment is required (if any).
It is also perfectly legitimate for a person who, through no fault of their own, is gripped by a temporary psychosis or panic, to be freely released as they were demonstrably not aware of their actions, the consequences of their actions or where otherwise insensate. This has been tested in precent by several advocates in multiple arbitration proceedures in the denoument of the recent conflict. In one recent case, an active-duty member of the Panzer Kunst Gruppe was arraigned on charges of assault with a deadly weapon and murder through use of an airlock. The individual was found under technical examination to have suffered a malfunction in one of their core neural implants which caused symptoms equivelant to an intense schizophrenic episode, leading to a violent attack on two bystanders. The malfunctioning implant was repaired, removing the cause of the psychosis.
Rightfully, this individual was found innocent by reason of temporary insanity and as the cause of this insanity had been corrected, was justly released into the custody of the Gruppe. Legal responsibility in this case ultimately fell upon the manufacturer of the sensor interface, who was required to pay compensation to the victim's family.
This is also a matter somewhat close to my heart. Since my modification I have become, as some would describe, something of a 'legal' mad, if such a thing were be be considered possible
Now, how does this apply to Madness, you might ask? Is Madness a mental illness?
There is a quote I have always held close to me, arguably from one of the original Mad Scientists.
"When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you've had your technical success. "
These words were spoken by Oppenheimer, after the atomic bomb. I believe, they sum up the attitude of the majority of Mad Scientists on some natural level. In a Blue Hair episode, nothing matters except that technical success. Only after the fact, do they realise just what they have achieved and the consequences of their works. While most Fen may understand that such and such a project may ultimately lead to disastrous consequence, a Mad lacks this awareness. They lack this fundamental warning. All a Mad understands is the goal, the end-point, the result of the experiment.
Ultimately, Madness is the single minded pursuit of an idea, of a solution, of an answer - to the exclusion of all else. A Mad in the depths of an episode may forgo sleep, food or even water until they have the answer their mind demands. They are physically incapable of thinking of anything else beyond the end, beyond the experiment, beyond the problem. There is a reason few 'sane' Mads will live in highly populated places. And almost all Mads will have a retinue of trusted friends, created androids or other form of carers who will see to their psychological and physical needs while they are in the throes of an episode. One of the duties of these carers is often to ensure that the afflicted Mad does not unintentionally harm an innocent (or otherwise) individual.
I would, in good conscience, make the argument before an advocate that Madness, therefore, constitutes a form of psychosis and is therefore eligible for the insanity defense. Finding a psychologist willing to provide expert testimony to this regard is a matter of checking the local directories. In the majority of cases I would expect to have a good chance of achieving a succesful outcome for my client. Depending on the settlement, this can mean anything from a release, to a ship actually being present on the other side of the airlock when they are kicked out.
As for how Madness should be treated.
Multiple factions will have different methods. SHIELD has the highly effective Armsmaster Protocol, while the Crystal Millenium has multiple minor settlements in the archipelago to provide private, quiet places where a Mad can practice in peace. Ultimately, treatment continues for the life of the afflicted Mad, either to the point where their condition normalises or their obsessions are turned towards a harmless or more constructive cause. It is not unusual for a Mad to be taken into the legal custody of a close friend or aquaintance, who will be responsible for their actions in their stead.
I would expect in this case that the most likely legal outcome is that the crew of the Sol Bianca will be, at the very least, required to take legal custody of the Professor. In Which case they can be held financially and legally responsible for his actions.
Should a civilised mundane jurisdiction succeed in arresting him, it is likely that he would suceed in the insanity defense in most nations. In this case, he would likely be institutionalised for his own, and for the public's, safety. To what end this institutionalisation would be succesful in treating him is a matter for a psychiatrist.
In this incident, it may depend on the quality of the advocate The Professor can afford, and whether the attacked individual lives, lives with the assistance of a biomod, or dies of their injury. The culpability of the one who struck the mortal blow may depend upon your opinion on Superior Orders, along with the ability of an android to resist their creator, as well as what her understanding of the situation was.
We shall see, but I expect this case shall only be useful as precedent up until the next Convention.
--------
________________________________
--m(^0^)m-- Wot, no sig?