El Oso said:
I dont define right and wrong by legalism, but if you are going to put a person in jail, you better follow every letter in the law.
I think I would be right if I shot and killed the man who raped my daughter. I would expect you, as a father of a daughter (if you are one), to agree with me and think I was not guilty. I'd make sure as many of these dads as possible were on my jury. But the law says I'm wrong. It also says my jury strategy shouldn't work even if all 12 dads had a daughter. As a juror, you have to follow the law whether you agree with it or not. And so your only verdict can be I am guilty even though you agree I did nothing wrong.
It works in reverse too. If you are insane, you are not responsible. I think even if you are nuts, you know not to kill kids. But the law says I'm wrong about this. The law says a person has to be sane to be guilty. That's why it should be on the government to prove sanity. It's the determining factor in the decision.
I thought the standard was not being able to determine right from wrong. Or having the ability to understand your actions are wrong.
If the standard is just insanity, just release 75% of prisoners right now. Most murderers are nuts. Many clinically insane.
Susan Smith and Jeffery Dahmer should never have been put in prison if insanity is the standard and literally all serial killers should never have been convicted those people are stoned out of their mind insane.