Site Meter

Saturday, July 27, 2019

Belle Waring on Autistic Perverts

Comments are closed on this post. I think it is an average Belle Waring post. I am going to comment here. But first I want to discuss the secret (perhaps harmless) invasion of privacy. When I see a young,good looking, energetic, dynamic, positive happy young couple, I often think of what a great time they must have in bed. Is that mental peeping ? Doesn't matter can't help it. But reading Crooked Timber I experience another case of possible undetectable invasion of privacy. Oh to be a fly on the wall in the Waring/Holbo residence. Just think of the conversations they have. And a pony. Anyway, the post includes a description of being stalked. The point is someone argued that an autistic man with a PhD in psychology couldn't have the mens rea to be guilty of possessing child pornography. I want to go off on mens rea (criminal intent -- I can't spell in English and my Latin spelling is correct only by pure chance). It makes a lot of sense if one things the purpose of the justice system is retribution. Some if you think of deterrence. Very little if you think of incapacitation as I do. I believe in locking people up mostly if it is the only way to prevent them from committing crimes (then staffing prisons adequately so they don't commit and be victims of crime while in prison). I consider prison to be collective self defense, not as extreme as war but justified only by need. I also think the idea of retribution is very important to most other people and shapes the justice system. "Justice was done" is a statement about proper retribution. This is highly relevant to the principle that defendents can be not guilty for reason of insanity. An violent insane person is very dangerous (and very rare -- most psychotics are not violent, quite likely to be victims of crimes and not at all likely to commit them). But not really to blame and not a proper subject for retribution. I would prefer a third verdict, guilty and insane (that is insanity as a extenuating factor implying that the proper sentence does not include prison time). I think this is important, because if insane people can't be incarcerated when they do unacceptably violent things which would be crimes with the usual mens rea, then there must be some way to incarcerate them in a residential care facility if they are a danger to themselves or others. Criminal liability makes us free. It means we can do anything which isn't clearly banned by a published law (our responsibility to do due diligence on what is legal -- ignorance of the law is no excuse). If people are protected from criminal liability, they are protected from having the right to do anything which is not specifically forbidden. It's wrong. It is different in non-anglophone countries. It should be changed. People who harm others with no ill intent are dangerous. Collective self defense may require incarceration (in a mental hospital). However, they should have the right to a trial by jury as they are human beings and have human rights. The identification of justice and retribution has made a mess of things, as usual.

7 comments:

JimV said...

Ms. (Dr.?) Waring loses me on her flights of high-flying rhetoric sometimes. JQ is the best blogger there, for my money. I got mad at the site a few years ago and deleted my bookmark to it because the comment section, for a group of erudite academics, is often terrible. However, Eschaton has a link to it on Atrios's blog roll (1/3 of which are dead links, remind me to tell him to have an intern police it the next time I donate), so I often click that if I desperately need some procrastination.

2slugbaits said...

I've always thought that the best take on mens rea was by the Oxford jurist H.L.A. Hart, "Punishment and Responsibility."
https://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199534777.001.0001/acprof-9780199534777

I read it back in college for some law seminar. Hart points out that the evolution of responsibility in traffic laws was a major contributor to some of today's confused thinking on how we handle the mens rea excuse (which eliminates responsibility) versus mitigating circumstances, which diminishes responsibility.

I think the term "guilty but insane" is an oxymoron. A better verdict would be "not guilty by reason of insanity, but dangerous to society." I think that's what we really mean.

SM Rana said...


Really nice and informative blog, keep it up buddy…

cailloliasa said...

I was diagnosed of herpes virus, I have tried all possible means to get cure but all my effort proved abortive, until a friend of mine introduced me to a herbal doctor called Chief Dr Lucky, who prepare herbal medicine to cure all kind of diseases including herpes virus (Herpes), when i contacted this herbal doctor via email, he sent me herpes virus herbal medicine via courier service, when i received the herbal medicine he gave me step by step instructions on how to apply it, when i applied it as instructed i was totally cured from the virus within 3 weeks of usage. Contact this great herbal doctor today to get your cure. 
Via Email : chiefdrlucky@gmail.com
Whats App : +2348132777335
website : http://chiefdrluckysolutionhome.website2.me/    

COMPOSITE CYBER SECURITY SPECIALISTS said...



☑️☑️COMPOSITE CYBER SECURITY SPECIALISTS ☑️☑️

•• Are you Seeking for the Best Legit Professional Hackers online?
Congratulations Your search ends right here with us. •• ⚡️⚡️

☑️☑️For Years Now We have Been helping companies secure there Infrastructures against malicious Attacks, however private individuals have been making use of our services to provide Optimum solutions to their cyber and Hacking related Issues by providing them unlimited Access to their desired informations from their Target such as Phone Hack (Which enables them to monitor their kids/wife/husband/boyfriend/girlfriend, by gaining access to everything they are doing on their phone without their notice), Credit Card Mishaps, Website Hacking, Funds Recoveries And Every Other Cyber Related Issues That has to Do With HACKING.

☑️☑️COMPOSITE CYBER SECURITY SPECIALISTS is a vibrant squad of dedicated online hackers maintaining the highest standards and unparalleled professionalism in every aspect.
We Are One Of The Leading Hack Teams In The United States With So Much Accolades From The Deep Web And IT Companies. ••
••We Offer Varieties Of LEGIT Hacking Services With the Help Of Our Root HackTools, Special HackTools and Our Technical Hacking Strategies Which Surpasses All Other Hackers.

☑️ Below Is A Full List Of Our Services:
▪️ FUNDS RECOVERY ON SCAM INVESTMENTS, BINARY OPTIONS TRADING and ALL TYPES OF SCAMS.
▪️ WEBSITE AND DATABASE HACKING πŸ’»
▪️ CREDIT REPAIR. πŸ’³
▪️ PHONE HACKING & CLONING (giving you πŸ“± Unnoticeable access to everything Happening on the Target’s Phone)
▪️ CLEARING OF CRIMINAL RECORDS ❌
▪️ SOCIAL MEDIA ACCOUNTS HACKING πŸ“±
▪️RECOVERY OF DELETED FILES πŸ“€
▪️LOCATION TRACKING πŸ“Œ
▪️BITCOIN MINING ⛏ And lot More.


☑️We have a team of seasoned PROFESSIONALS under various skillsets when it comes to online hacking services. Our company in fact houses a separate group of specialists who are productively focussed and established authorities in different platforms. They hail from a proven track record and have cracked even the toughest of barriers to intrude and capture all relevant data needed by our Clients. Some Of These Specialist Includes ⭐️ DAWID CZAGAN⭐️ JACK CABLE ⭐️ SEAN MELIA ⭐️ ARNE SWINNEN ⭐️And More. All you Need To do is To Write us a Mail Then We’ll Assign any of These Hackers To You Instantly.

☑️COMPOSITE CYBER SECURITY SPECIALISTS is available for customer care 24/7. Feel Free to Place your Requests.

☑️☑️CONTACT:
••• Email:
composite.cybersecurity@protonmail.com

πŸ”˜2020 © composite cybersecurity specialists
πŸ”˜Want faster service? Contact us!
πŸ”˜All Rights Reserved ®️.

susanwilliam said...

Herpes Virus is a terrible virus, if not for my Husband and the help of the great Dr.Alabi my life would have been a mess! I was diagnose with Herpes virus in 2012, my husband encouraged me, and told me not to lose hope, I manage to give birth to a baby Boy who was free from this virus, and my Husband was always there for me! One day he came to me and told me that he have found a man who can cure me. Base on scientist, they said there is no cure for Herpes virus; he told me that he has seen many testimonies about him on the internet. We decided to contact him, we filled his Herbal home form, and he asked us to buy some local root and herbs items which we did! and he prepared for me a herbal medicine and 14 days later he asked me to go for medical test, faithfully hopefully i went for the medical test, and Behold, I was cured, from this virus and its was not found in my Body system again... My Dear Husband and my Father Dr.Alabi, God will surely bless the both of you, till the end of time, in Jesus name.. If you have any problem kindly contact Dr Alabi via his email (Dr.Alabiherbalhome@yahoo.com) or whatsapp him on +1{810}4982897 for any kind of help......

Sharon Wayne said...

I want to thank Dr Emu a very powerful spell caster who help me to bring my husband back to me, few month ago i have a serious problem with my husband, to the extend that he left the house, and he started dating another woman and he stayed with the woman, i tried all i can to bring him back, but all my effort was useless until the day my friend came to my house and i told her every thing that had happened between me and my husband, then she told me of a powerful spell caster who help her when she was in the same problem I then contact Dr Emu and told him every thing and he told me not to worry my self again that my husband will come back to me after he has cast a spell on him, i thought it was a joke, after he had finish casting the spell, he told me that he had just finish casting the spell, to my greatest surprise within 48 hours, my husband really came back begging me to forgive him, if you need his help you can contact him with via email: Emutemple@gmail.com or add him up on his whatsapp +2347012841542 is willing to help any body that need his help.
Website: http://emutemple.website2.me/