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Lecture 14

Philosophy 2080 Lecture 14: Monday January 30th, 2017

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Western University
Philosophy 2080
James Kow

Roman Law  Series on Netflix called “Spiral” o Procedural  In France, under the roman legal system, the prosecutor (judges) runs the investigation through the police directly at different levels of the law  In North America, the police run the investigation  Disease of the mind might as well be considered a defense  What about automatic behaviour? o We spend a third of our lives sleeping o Some people suffer from severe sleep disorders  Case in Toronto  Man was married and had a sleep disorder – he walked in his sleep  One night he got up, got the keys to the car, started the car and drove 30 miles to his parents in laws place  His father in law came down and his mother and law and he stabbed them both  He woke up after he stabbed them o Sleep disorder experts were brought in  A judgement that has to be legally determined as relevant to the case o It was judged that he did suffer from not knowing what he was doing  He was acting automatically  There has been similar cases since then Focus today is in intrapsychic phenomena and mental states  A man could not communicate with his lawyer o Was deemed not able to stand trial  With mental disorder there’s the intuition that we can establish  The prosecution cannot raise the issue of mental disorder or sickness o It’s the defense that raises it o Once it has been raised, the prosecutor can probe  Competing psychiatric experts  When you are mentally ill you are sick o You don’t punish the sick  Insane is used to describe people who have a mental illness  The determination of insanity or mental disorder is not a medical determination o You’re taking evidence from medical experts to make a legal determination  If the person is found not guilty by reason of insanity – legal determination o Psychiatrists don’t get the last say, the jury does  If someone lacks rationality they are animal and wild like  Even your reason is not completely rational o You can hold inconsistent beliefs o You can think you’re happy but you’re not happy  What we need is an effective of emotional definition to mental disorder  The second approach doesn’t quite do the job in this regard but it’s a classic approach o Irresistible impulse?  Jeffery Dahmer was interviewed on 60 minutes o He made it clear that irresistible impulse means that I have a desire to kill and eat  This guy has no inhibition or compulsion  Someone suffering from schizophrenia is at university and has a roommate o Kills roommate o Is on medication for her illness  Brings her into focus so she can instruct her lawyer o The lawyer said, “to avoid you being charged, we could keep you off your medication because then you’re not fit to stand trial”  As soon as she takes her medication she is fit to stand trial and can communicate with her lawyer - Should you force someone who is sick to take their medication? rd  3 approach to mental disorder called the Durham rule o Originally talked about how a cause could create a criminal action for which you’re not responsible o Today, we causally look at
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