June 11, 2007

Enabling Court Corruption

Enabling Court Corruption

The defense lawyer said the defendant "was not criminally responsible for
the slaying because he had a mental illness and alcohol abuse problems at the
time." (Associated Press, "Lawyer details his client's ills," Boston Globe, June
9, 2007) Illness as a defense to crime is nothing new. Flip Wilson blamed the
devil for his misdeeds. If Twinkies, mental illness and alcoholism caused crime
why not simply lock up all alcoholics and mental patients?
The fallacy is that most alcoholics and most mental patients do not commit
crimes. They are often the victims of crime. That does not stop journalists and
lawyers from demonizing persons accused of mental illness.
During trials lawyers are permitted to exaggerate when arguing. It is
called "puffing." Fantasy is allowed in a courtroom.
Journalists report what lawyers and police say in court, the deceptions
used to win cases, as if they are facts. Readers depend on journalists for their
vision of reality. Does this help keep Americans misinformed?
The mental illness defense follows from American legal theory. If a person
does not know that his act is wrong he cannot be held liable for criminal acts.
Being accused of having a mental illness does not mitigate criminal
liability. It is the absence of knowing right from wrong. But the psychiatric
industry and its co-conspirator the drug industry promote irrational ideas as
part of their marketing campaigns. Corporate interests corrupt the legal system
as well as the social system in this country. The Boston Globe editors enable
these
abuses by with headlines and reporting.

Roy Bercaw, Editor ENOUGH ROOM

Lawyer details his client's ills
Cites alcoholism and mental illness in Nantucket case
Boston Globe
By Associated Press
June 9, 2007

NANTUCKET -- A former New York bank executive charged in the fatal stabbing of
his former girlfriend was mentally ill, struggling with alcohol addiction and
suffering from "the ultimate rejection" of a spurned marriage proposal when she
was killed, his lawyer told a jury yesterday.

But prosecutor Brian Glenny said the relationship between Thomas Toolan III and
Elizabeth Lochtefeld "came to a violent end at the hands of Mr. Toolan."
[...]

No comments: