monday, October 5, 1981
daily nebraskan
page5
Music protesters. . .
Continued from Page 4
But record albums aren't the only
source of moral decay in this country. On
these terms we might as well set fire to FM
disc jockeys, feminine hygiene products,
our state capitol, Brooke Shields, Dow
Chemical, Fred Silverman, discos, Crisco,
Cosmopolitan and Playboy, Calvin Klein,
Madison Avenue, Bo Derek, hot tubs,
Mexico, Columbia and Turkey.
Some of these claims may seem
unfounded, but remember when starting a
moral crusade that a little unbridled
paranoia never hurts. And don't just do it
A more sane.
Continued from Page 4
The present state of the matter, based
on court decisions - the matter has never
been legislated - is that:
-A person is not responsible for crimin
al conduct if, at the time of such conduct,
as a result of mental disease or defect, he
lacks substantial capacity to appreciate the
criminality of his conduct or to conform to
the requirements of the law.
-The terms "mental disease or defect"
do not include an abnormality manifested
only by repeated criminal or otherwise
antisocial conduct.
Hatch's proposal would add this
language:
"It shall be a defense to a prosecution
under any federal statute that the defend
ant as a result of mental disease or defect
lacked the state of mind required as an
element of the offense charged. Mental
disease or defect does not otherwise con
stitute a defense."
As Hatch put it, "an individual who be
lieved that he was throwing darts at a
board instead of stabbing a victim to death
would not be guilty of murder. But - and
tliis is the key distinction he would not
be guilty because he did not "knowingly
kill another, not because he was covered by
a separate insanity defense."
His amendment would come into play
only in borderline cases. The obviously
deluded defendant would, in all likeli
hood, be found incompetent to stand trial
in the first place.
This, in my view, does not mean that he
ought to go free. Non-responsible does not
mean non-dangerous.
Hatch believes that his proposal would
help to rationalize the present formulation
that depends on the willingness of a
psychiatrist to label a defendant "mentally
diseased" and the willingness of a jury to
agree.
It helps in another way: by clearing up
the confusing distinctions between one
as a symbolic action of personal taste. 1 ry
to infer a sense of guilt on those who don't
follow your lead.
The rht of an individual to determine
their own moral standards is still a sacred
freedom as long as it agrees with your own.
Oh, and lastly, if you are going to have a
bonfire, make it spectacular enough to
attract a crowd. Good or bad, publicity is
publicity and you've legitimized your
cause. If the current moral decay still has
you in a fit of pique, just take a Valium, re
lax and pray that the good Lord will some
day have the decency to allow children to
be bom with their clothes on.
feJQDUW
defendant who is "mentally ill" and
another - who could be said to be the pro
duct of "crimogenic social or economic
conditions."
Hatch is trying to nudge us toward the
truly relevant questions: Did he do it? Did
he know what he was doing?
(c) The Washington Post Co.
Editorials do not necessarily express the
opinions of the Daily Nebraskan's publishers, the
NU Board of Regents, the University of Nebraska
and its employees or the student body.
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