andyt andyt:
Can't agree there. THe law is based on intent. Mens Rea. I don't want this guy to get life while somebody who just beats the shit out of somebody causing brain damage, say, gets a few years because they didn't kill anybody.
The law is based on intent--far too much in my opinion. Intent is inferred. Did Oscar Pistorius intend to kill his girlfriend or was it just a horrible accident? Who knows? If he did intend to kill her then all the trial is doing is measuring his acting ability.
Besides, on the science side, there are some serious problems with intent and free will. We, for example, might make allowances for a paranoid schizophrenic, or someone who had a massive brain tumour, on the basis that "they couldn't help it." Recent evidence suggests that that argument could be applied to anyone.
I realize that's pretty much a minority position.
Actually I'll go even further into Wingnut Land and say that computers would do a better job of trying cases than humans.