Wednesday, September 14, 2011

* Yale and the Insanity Defense


So using the glamour, money, authority, and prestige of your job (Presidents of the U.S.; President of the World Bank) to wow women into submission is NOT called sexual harassment?
I am merely pointing out a double standard here:
A teenage boy from an ordinary middle class family gets a police record because his unformed character is unable to restrain its libido. But two U. S. Presidents and a World Bank President with fully formed characters supposedly able to restrain their libidos, receive a "pass" by society, two after international scandals, the third after he has been apotheosized by assassination.


So using the glamour, money, authority, and prestige of your job to wow women into submission is NOT called sexual harassment?
Oh, it absolutely is. Chalk me up as someone who thinks Clinton got off too easy (no pun intended) for his repeated sexual harassment incidents (Broaddrick, Flowers, Lewinsky, Willey, and Jones). It was the "feminist" groups that saved him from that fate though - you can thank them later.


AntiYale, Actually the scenario you described is not sexual harassment. Women are not children, and merely attracting women with ones position of power is not a crime. Sexual harassment is using your power to bully or threaton a woman into a sexual encounter or make her otherwise engage in a sexual behavior that she can not avoid for fear of punishment. Also clark did not sexually harass annie le, he beat her, he sexually assualted her, he murdered her, and he desicrated her body. That is why he now has a criminal record.


I thought we were talking about the criminal record of a teen-ager whose character had not yet formed. And maybe if in addition to a criminal record we had insisted on counseling to help the teenager, that person would not have become a murderer.
Louis H. Cohen, M.D., a psychiatrist on the Yale faculty, wrote a book entitled Murder, Madness and the Law in the early 1950's which became the basis the insanity defense in our country. It is quite possible that the person now incarcerated for the murder of Ms. Le is mentally ill, even though the fashion is to portray him as a monster.
Using your power to "bully or threaten"? So the unspoken "you are employed by me"and I want your favors" is NOT bullying?


The basis of the law about mental illness, in murder cases and others, very often leads back to the M'Naghten Rules. They have weaknesses, but the essential question raised is "Did this person know that he/she was doing something wrong?" A basic attempt to distinguish those people who - perhaps in psychotic delusion - genuinely did not know that they were doing wrong.
But Clark knew, and has said, that he did wrong. His defense made no attempt to introduce in mitigation any evidence of mental illness, past or present.


Just because he did not plead "insanity" does not mean he isn't insane. No lawyer in his/her right mind would have advocated a trial in this matter. Can you imagine how Yale would have been torn apart? My hunch is that there was CRUSHING behind the scenes pressure to make this case disappear as soon as possible. It did.

No comments: