Norval Morris and Stephen Morse

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Norval Morris and Stephen Morse
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Brawner

• Not British justly responsible got to give
  jury guidance on how to exercise moral judgment
• Therefore ALI test with its cognitive and
  volitional prongs tied to mental disease or
  defect with substantial.

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Morse Insubstantial objections to Insanity
Defense p.228

• Wrong verdicts
• Beat the rap
• Historical accident
• Rich persons defense
• Too tough to look at past history (jury
  confusion)
• Battle of experts is bad

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Morse also says the following are not substantial
criticisms

• Used too infrequently to justify its retention
• Deflects attention from vast of mentally ill in
  jail /prison on probation.

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Norval Morris

• Injustice inefficiency invariably flow
  blending of state criminal law and mental health
  powers

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• Danger limits civil commitment
• deserts (max punishment as set by leg, parole
  board etc) limits extent of criminal power

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• When the two powers are blended the criminal
  patient may suffer the worst of both worlds,
  imprisonment for what he did with its duration
  limited only by predictions of his continuing
  dangerousness

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Mens rea is good

• Old days handled it all did he intend it etc.
• Alienists grabbed attention /power
• Laws free will, moral choice, guilt-innocence
  v.psychiatry determinism, degrees of cognitive
  and volitional control, classification of
  diseases and definition of treatments. bad
  confusion
• Pretend to a precision beyond knowledge

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Butconscious doesnt allow punishment w/o blame

• But why a special defense
• Other things fit w/in mens rea (blind, deaf,
  drunk etc. fit w/in regular old crim law.
• Choice is not really wholly absent or present or
  absent.
• But why not choice substantially impaired
• Social adversity more potent than psychosis

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Operationally insanity defense is a myth

• Not operating tool in day to day crim law
• Only really hot sensational cases
• Not in grist of mill cases even though many very
  mentally ill folks,
• Mentally ill in prison
• Doesnt really separate blameworthy
• Hypocrisy abolish it.

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Stephen Morse

• moral principles rooted in criminal law and
  everyday human interaction
• 1.Minimal rationality(cognitive capacity) and
• 2 Minimum self control (lack of compulsion-
  volitional capacity)
• ARE essential preconceptions for responsibility
• See Kids, duress et. al

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Norval Morris

• why more responsible for what is done to one
  rather than what one is

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Stephen Morse

• Norval confuses causation with compulsion.
• There is a cause for everything.
• Question is lack of rationality and lack of
  volitional control
• Therefore so crazy- doesnt deserve to be
  punished test.