home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky alt.fan.rush-limbaugh:13838 talk.abortion:57927
- Newsgroups: alt.fan.rush-limbaugh,talk.abortion
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!sdd.hp.com!nigel.msen.com!heifetz!rotag!kevin
- From: kevin@rotag.mi.org (Kevin Darcy)
- Subject: Re: control
- Message-ID: <1993Jan25.014049.27662@rotag.mi.org>
- Organization: Who, me???
- References: <1993Jan23.171710.5078@mnemosyne.cs.du.edu> <1993Jan23.210053.38071@watson.ibm.com> <1993Jan23.223618.15219@mnemosyne.cs.du.edu>
- Date: Mon, 25 Jan 1993 01:40:49 GMT
- Lines: 49
-
- In article <1993Jan23.223618.15219@mnemosyne.cs.du.edu> mcochran@nyx.cs.du.edu (Mark A. Cochran) writes:
- >In article <1993Jan23.210053.38071@watson.ibm.com> margoli@watson.IBM.com writes:
- >>
- >>Now I've got one for you. A man is walking through Central Park, minding
- >>his own business, when someone shoots him with a dart gun, administering
- >>a hypnotic drug, and orders him to go out and rape the next woman that
- >>he sees.
- >>
- >>Is the man "innocent" or "guilty"?
- >>
- >He's guilty, if he commits the act of rape.
-
- *WRONG*. All crimes require a criminal intent, or _mens rea_. The man
- under hypnosis has none. He acts merely as an instrument of the evil
- hypnotizer.
-
- >He may get off on the
- >legal aspect if he can prove he was not in control of his mind, but
- >he's still guilty of the act.
-
- "Guilty" of the act (which means nothing), but _not_ guilty of the *crime*.
-
- >My understanding is that 'not guilty by
- >reason of insanity' is the same as 'guilty, but not really his
- >fault'.
-
- No, they're not the same. There is a verdict of "guilty but insane". But
- that's different. That just affects sentencing, not the question of
- guilt or innocence.
-
- Besides, Mr. Medicine Man, being temporarily under hypnotic suggestion isn't
- technically the same as being "insane", is it? Is "insane" even a proper
- medical term?
-
- >>Does the woman have the right to kill him if necessary to prevent her
- >>body from being violated?
- >
- >Yup, sure does, as far as I'm concerned.
-
- If she has the legal right to kill in self-defense (which has not been
- demonstrated to my satisfaction to be the case in ANY state of the Union),
- the evil hypnotizer is guilty of felony murder as well as rape, since he
- caused the whole situation. In fact, depending on how the statute was written,
- the evil hypnotizer might even be guilty of TWO counts of criminal sexual
- assault as well as the felony murder (since he forced the dart-victim into a
- sexual encounter without HIS consent as well). In any case, I don't think
- he'll be getting out of prison anytime soon... :-|
-
- - Kevin
-