I did a lot of work on this in my Undergrad during classes on Psychopathology and in some Law Courses I took. Now, from the start I don’t think we can equate law as defined by man with the law of God but perhaps it can give us some insight. Here I go!
“Guilt as a Matter of Capacity” was a paper I wrote a long time ago. And it focused on whether or not a (clinically) psychotic individual could held criminally responsible for his or her actions. We don’t have the ‘insanity plea’ in Canada, but we do have “Not Criminally Responsible, NCR”. Now I’ve only studied the Federal Canadian Judicial system and the Ontario Provincial Judiciary system as well as administrative law. I was originally training to become a psychiatrist and becoming a barrister was a sort of Plan B for me.
Crime and Guilt are two different things. For a man to be criminally responsible he must must possess* Mens rea* in addition to the Actus reus. He cannot be criminally responsible if only one of these aspects is proven. Mens rea is “A guilty mind” and Actus reus is “The guilty act”. If a person is not able to have a guilty mind then even if he committed the guilty act he cannot be held criminally responsible. This is one of the reasons getting a judgement of NCR is very hard to do.
Let’s use a few examples:
Ex. 1
A severely mentally retarded man in his 40’s is temporarily left alone with a small child who begins crying. The man then shakes the child in an attempt to get the baby to stop but accidentally causes the death of the child through closed head injury. The man is proven to have performed the guilty act but he is not mentally capable of understanding that shaking children is bad or that it could lead to injury or death, he is not capable of comprehending death even and his intentions were to stop the baby from crying, not to kill it. Because this man lacks the Mental Capacity for guilt he cannot be judged criminally responsible. He is responsible for the death of the child, but he is not criminally responsible because Mens rea was not satisfied.
Ex. 2
A delusional, paranoid schizophrenic experiences hallucinations and delusions in which aliens come down in their space ship and tell him that he must kill his family, wrap up their bodies in sheets, and put them in the trunk of his care so that the evil aliens who the first aliens told him were coming, would not be able to hurt his family, whom he loves.
This man suffered from delusions (false beliefs) and hallucinations (false sensory (name removed by moderator)ut). When hallucinations are experienced without delusions there is usually no psychological distress, thus why some people find the use of hallucinogens pleasurable for recreational use. But when one experiences hallucinations all of their senses are telling them that what they are seeing, hearing, smelling, feeling, etc, are real and the rational mind (which these people DO possess) has no reason to believe their reality is not real, unless they are capable of knowing that what they are seeing is not real. If they are deluded, they have absolutely no way to distinguish what is real and what is not, any more than you can determine (FOR SURE) that looking at this screen and reading these words on a thing called a computer (or phone I guess) in whatever place you are in is real or not. For all you know, all of this is a hallucination and because you are delusional you will defend to the end that it is real. For people that are both hallucinating and delusional their altered reality is just as real as ‘the real one’ and because they are still rational, they act accordingly to their environment.
So for this man, he reacted accordingly to what the aliens told him and our of deep love and concern for his family he killed them, wrapped them in sheets and hid them in the trunk of his car so that they would not be harmed by the bad aliens that were coming. He had no external or internal ques to suggest to him that he should doubt his reality. He might have actually doubted it when the aliens told him that he should kill his family to protect them as this didn’t make rational sense to him, but because of his delusions and his hallucinations his mind will have produced some sort of evidence to pacify his questions and it will fully satisfy any doubt he had.
This man is guilt of multiple homicide, but he is not criminally responsible because he acted accordingly to his perceived reality.
cont’d