That's not the right question. The specific question is whether the defendant was free to choose for himself what he would do. It is the choosing that is free or not free.-0+ wrote: ↑December 3rd, 2020, 12:32 amPeople face all sorts of external and internal pressures that vary in strength to act (or not act) in certain ways. Where can lines be meaningfully drawn: between influence that is undue and not undue; between sanity and insanity; between impulses that are resistable and irresistable?Marvin_Edwards wrote: ↑November 27th, 2020, 10:35 pm The specific meaning of duress, undue influence, insanity, irresistible impulse, and other factors are defined by court precedents and expert witnesses. It is a judgement call, but it is a judgement based on objective evidence and expert testimony. So, no, it is not "full of ambiguity".
Can anyone provide a method that can be unambiguously applied to objective data in order to determine if the will of a defendant is free or not?
And that question has been answered unambiguously in most cases. Coercion is pretty obvious. The choice of a minor who is under the influence of a parent or older sibling can also be determined, usually by the age of the minor. Some insanity defenses may be very clear, while others may be open to debate by the attorneys. The question with insanity is whether the nature of the mental illness sufficiently influenced the choice in this particular crime. And that's where the expert testimony comes in.
There will be some cases that are debatable, but over time most issues will become settled in precedents. So, yes, I believe that most cases of free will or its absence can be unambiguously identified.
Marvin_Edwards wrote: ↑November 27th, 2020, 10:35 pm No one is ever punished for having free will. They are punished because of the harm they have inflicted upon others.
A criminally insane person can be imprisoned in a secure medical facility as long as he remains a threat to anyone.-0+ wrote: ↑December 3rd, 2020, 12:32 am A number of people may inflict the same harm upon others, but only those who are judged to have had free will (not judged to have been insane or otherwise lacking free will) may be found guilty and punished (with imprisonment - reduced freedom for exercising freedom in a way that is judged to be unacceptable).
The correction is always applied to the cause. If the criminal behavior is due to a brain tumor, the the tumor is removed. If it is due to other brain disease or injury then that too may be treated medically.
But if the cause of the crime was the deliberate decision by a sane adult, then we must apply methods that will correct that deliberation process, like counseling, addiction treatment, job training, etc. However, these only work if the offender is willing to change. Punishment, such as imprisonment, helps induce the offender to take advantage of the rehabilitation offered.
Marvin_Edwards wrote: ↑November 27th, 2020, 10:35 pm The programmer is held responsible for any damage that his programmed robot does.
First, John's robot will be decommissioned. Second, John must be convinced not to create any more robots with free will, and that may require some time in prison.
Marvin_Edwards wrote: ↑November 27th, 2020, 11:23 pm
It's not that complicated. We observe ourselves choosing and acting upon that choice. That's how we know.
And, if he is one of John's robots, he may indeed have free will. And he will likely be destroyed to prevent further harm to our species.