Should The
Government Prosecute Homeless Or "Insane" Lawbreakers?
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Is it OK for a homeless person
to break the law -- after all, he's homeless?
Is it OK for Yates To Murder Her
Five Children and go free because she is insane?
It
seems that a local homeless man caused the fire trying to keep warm. And the
city is lucky that's all it was because -- this being a good, progressive
town -- just about anybody is allowed to roam the subway tunnels during
freezing weather, according to official police policy. In other words,
compassion for the homeless, on whom taxpayers already spend millions
annually to provide shelter, requires that the city grant largely
unmonitored access to people who could just as easily be planning anthrax or
poison gas attacks as looking to keep warm. (Source)
LAURA PARKER GANNETT NEWS SERVICE
The murder conviction of Andrea Yates, the Houston
woman who drowned her five children in a bathtub in 2001, was overturned
Thursday by a Texas appeals court. (Source)
Karl Question: There is no
question in thousands of criminal cases that a person has committed a
criminal act, but in many of those cases the person is found innocent by
reason of insanity. In many other cases, the police are not even
allowed to arrest a person because the laws have been changed to make a
crime, such as arson, "not a crime" when committed by a homeless person,
or in a subway station used by people to sleep in! Is this the
obligation our government has? Is it their job to protect the insane and
homeless? Psychiatry is at the root of the
intellectual support for this concept.

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Take the C Train (Please)
January 26, 2005; Page A16
As residents of New
York City, we thought we'd seen everything. But this week the city
learned that a Sunday fire at a major subway station will disrupt
service on the C Train for -- we're still trying to wrap our heads
around this -- at least several months, and perhaps as much as three
to five years. The rest of the country should think of this as the
perfect liberal storm.
It
seems that a local homeless man caused the fire trying to keep warm.
And the city is lucky that's all it was because -- this being a
good, progressive town -- just about anybody is allowed to roam the
subway tunnels during freezing weather, according to official police
policy. In other words, compassion for the homeless, on whom
taxpayers already spend millions annually to provide shelter,
requires that the city grant largely unmonitored access to people
who could just as easily be planning anthrax or poison gas attacks
as looking to keep warm.
Former Mayor Rudy
Giuliani made some progress against aggressive panhandling and
vagrants, but they've both been returning with a vengeance under
Mayor Michael Bloomberg. A genuinely compassionate city -- or at
least a Mayor seeking re-election this year -- would require that
those refusing the city's many legitimate venues for help be
institutionalized, not granted blind-eye acceptance of their
"alternative lifestyle."
Meanwhile, only in
Manhattan could a burned-out switching system take years to repair.
Most cities pretending to be world class would have long ago
replaced 1930s-era wiring, and that certainly would have been true
of New York when Robert Moses ruled. But for decades New York has
been quite literally mortgaging its future by taking on debt and
putting off infrastructure upgrades in order to keep feeding its
out-of-control public sector unions.
Mr. Giuliani also
made a temporary dent here, but as politicians tend to do he left
big bills to his successor. And rather than use events of September
11 to promote changes, Mayor Bloomberg has acquiesced to the big
spending political culture. He's even proposing his own larger
spending projects, such as a taxpayer-financed Manhattan stadium for
the New York Jets. He has said New York is a "luxury good" for which
people should happily pay higher taxes. Thanks, Mike.
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Readers interested
in the history and cause of New York's descent should consult an
essay by the Manhattan Institute's Edward J. McMahon and Cooper
Union Professor Fred Siegel, which is excerpted in the current issue
of the Public Interest magazine. The authors describe the city's
core problem as its "distributional politics and entitlement
culture" that tend to prosper "in settled, affluent places that
combine large pockets of wealth with sufficient comparative
advantages to create the illusion of economic invulnerability."
This political
culture has created a public-sector workforce close to one-seventh
the size of the entire federal government's -- or some 300,000
workers. Along with a like-minded state government in Albany also
dominated by public-sector unions, this culture has fed a cycle of
high tax rates that feed greater spending in the boom years,
followed by bankruptcy, or close to it, when a slowdown hits.
The result is also
visible outside our office windows in lower Manhattan, where we can
see that Number 7 World Trade Center is going up nicely with private
money and under private direction. Meanwhile, the square that held
the Twin Towers -- and that requires government agreement in order
to develop -- remains a snowy, inactive hole in the ground three
years after September 11.
We hope Congress is
paying attention to what it's getting for the $20-some billion check
it wrote the city in the aftermath of 9/11. That's not to mention
that the city has utterly failed to take advantage of the fact that
Wall Street, its cash cow, was helped immensely by President Bush's
dividend, capital gains and marginal rate tax cuts.
No one should expect
even the C Train fiasco to cause New York to change; that won't
happen until the local political class understands the problem that
Messrs. MacMahon and Siegel describe. We do hope, however, that New
York's woes will serve as a warning to other parts of the country in
danger of succumbing to the same liberal political fate.
Californians were descending into a similar mire a couple of years
ago with a dysfunctional political class in Sacramento, but they
were fortunate to have the initiative process that allowed them to
elect an outsider like Arnold Schwarzenegger. New Yorkers are stuck
waiting for the C Train.
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URL for this article:
http://online.wsj.com/article/0,,SB110670685047836258,00.html
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Copyright © May 20, 2008 6:25 AM by Karl Loren on behalf of Vibrant Life, ALL RIGHTS RESERVED.
Permission is granted for non-commercial downloading, copying, distribution or redistribution on two conditions:
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showing the copyright belonging to Vibrant Life, Burbank, CA, at
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This permission does not extend to materials on this site which are copyrighted by others.
Source
Friday, January 7, 2005
Top Stories ©2004
The Olympian |
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Conviction overturned in Yates drowning case Return To Top
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LAURA PARKER GANNETT NEWS SERVICE
The murder conviction of Andrea
Yates, the Houston woman who drowned her five children in a bathtub
in 2001, was overturned Thursday by a Texas appeals court.
In the appeal, Yates' attorneys had argued that
California psychiatrist Park Dietz, the prosecutor's mental-health
expert, falsely testified that he had been consulted for an episode
of "Law & Order" that involved a woman who drowned her children and
was found not guilty by reason of insanity. Yates watched the show
regularly.
Prosecutors said in their closing argument that
the episode gave Yates an idea of how she could escape the burdens
of her life and get away with it. There was no such episode -- but
the jury already had convicted Yates when her attorneys discovered
that.
A three-judge panel of the 1st Texas Court of
Appeals on Thursday ordered a new trial. It said the false testimony
was instrumental in persuading the jury to reject Yates' insanity
defense. Yates, 40, is serving a life sentence at a psychiatric
prison.
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The Yates case stirred national debate over
mothers who kill, postpartum depression and the legal definition of
insanity.
Prosecutors said they would work to have the
conviction reinstated.
Yates' defense attorney, George Parnham, said
Thursday that even if Yates were acquitted by reason of insanity at
a new trial, she would remain hospitalized. |
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Source
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The Insanity Defense
How can a person who admits committing a crime be found "not
guilty by reason of insanity?"
In this context, "not guilty" does not mean the person did not commit the
criminal act for which he or she is charged. It means that when the person
committed the crime, he or she could not tell right from wrong or could not
control his or her behavior because of severe mental defect or illness. Such
a person, the law holds, should not e held criminally responsible for his or
her behavior. The legal test for insanity varies from state to state.
Are "sane" and "insane" medical terms?
No. The word "insane" is a legal term. Because research has identified
many different mental illnesses of varying severities, it is now too
simplistic to describe a severely mentally ill person merely as "insane."
Although most people with mental illness do not commit crimes, of those who
do, the vast majority would be judged "sane" if current legal tests for
insanity were applied to their criminal behaviors.
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