More ontology
Convective thought #3
The Holmes trial is wasting a huge amount of money and time on a concept that no longer exists.
Originally the concept of Non Compos Mentis had nothing to do with psychopaths, sociopaths, bipolars, or any of those types. It applied strictly to extreme retards, IQ probably less than 50. Genuine idiots don't connect cause and effect, can't see that mashing another person with a hammer makes the person stop living. This doesn't mean that the idiot "can't distinguish right from wrong". He may well be sad that the other person has stopped living. It only means that his sadness
won't prevent him from hammering a person the next time he feels like it.
Every living thing knows the difference between right and wrong. A bacterium knows the difference.
An extreme retard knows the difference, but he won't learn from ordinary penalties. That's the objective point. In modern times these extreme retards are called "journalists", and they are still immune from prosecution.
Above IQ 50, everyone knows the difference and everyone can learn from experience.... with one major exception. A real psychopath knows the difference and always chooses evil. Real psychopaths are rare, but Holmes appears to fit the category. Highly intelligent, capable of complex planning, always planning maximal harm. There are only two proper destinies for this type. Kill them quickly or elect them as politicians.
So the "death" penalty decision is backwards. The jury is asked to put Holmes into a mental institution if he needs to be killed or elected; or put him into an especially expensive prison for life if he can be reformed. In either case his presence will provide lifetime careers for several highly paid shrinks and lawyers.
Update next day: Well, the jury has decided on the more expensive of the two choices. Not much practical difference; in either case Holmes will be confined for the rest of his life. Under the "death" version, the ACLU satans will be forcing new hearings and trials every week or so, costing the state a couple billion by the time Holmes dies a peaceful and natural death. Under the "insane" version, the ACLU will not generate trials, and his confinement will only cost a few extra staff members and a couple extra shrinks. Maybe 10 million over his long and comfortable life.
All of this could have been avoided if someone in the theater had been armed and ready to shoot. But as we know, the theater was designated and advertised as a Free Kill Zone.
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8/8 update: I see the jury has chosen the comparatively cheaper coach-class "life" sentence. Good. This will be somewhat less trouble and expense for the state. With the first-class life sentence (the "death" brand), a dozen lawyers would have been slaving away constantly for 40 years, generating a new "appeal" every week, and each "appeal" would have to be fully tried at state level then run up through the Federal satans. This way the lawyers will only generate "appeals" once a year or so, which will create only one or two lifetime lawyer careers. Holmes will be in an insane asylum no matter what happens. Only the name differs.