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Originally Posted by antisuck
In each of these examples, there exists a clearly identifiable resposible party. Who is responsible in the case of insanity? I'm sure you're not suggesting that insanity is typically the result of a mixup in the kitchen or a practical joke.
In fact it is the issue of responsibility that is central to the disposition of criminal cases involving defendants who may or may not be insane. And the question of who exactly is responsible - the crazy person him or herself? society? God or mother nature? the abusive stepfather? - that makes these discussions so interesting and the answers so subjective.
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Yes, in my examples, there is someone who can take responsibility for the death but, even then, it's not clear how much they are to blame. In both cases, it's unlikely that the guilty party had meant to kill anyone so do you charge them with murder? What can you charge them with?
I also fail to see how any of that is relevant. In the event of insanity, there is no one to take responsibility, any more than there would be if lightning had killed a person...