Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.3 4.3bsd-beta 6/6/85; site ucbvax.BERKELEY.EDU Path: utzoo!decvax!ucbvax!LLL-TIS-GW.ARPA!mcb%lll-tis.b.arpa From: mcb%lll-tis.b.arpa@LLL-TIS-GW.ARPA Newsgroups: mod.politics Subject: [Michael C. Berch : Re: Proposed amendment] Message-ID: <12229750475.51.MCGREW@RED.RUTGERS.EDU> Date: Sun, 10-Aug-86 15:05:48 EDT Article-I.D.: RED.12229750475.51.MCGREW Posted: Sun Aug 10 15:05:48 1986 Date-Received: Sun, 10-Aug-86 23:38:52 EDT Sender: daemon@ucbvax.BERKELEY.EDU Reply-To: mcb%lll-tis.b.arpa@lll-tis-gw.arpa Organization: The ARPA Internet Lines: 40 Approved: poli-sci@red.rutgers.edu Return-Path: <@lll-tis-a.ARPA:mcb%lll-tis-b.ARPA@lll-tis-gw.arpa> Date: Mon, 4 Aug 86 19:39:33 pdt From: Michael C. Berch Subject: Re: Proposed amendment Reply-To: mcb%lll-tis-b.ARPA@lll-tis-gw.arpa (Michael C. Berch) [Keith F. Lynch's proposed noncoercive acitvities amendment...] > . . . > > Every person who is at least 21 years of age shall be presumed > to be capable of voluntary consent, unless he has voluntarily > declared himself incompetent, or has been declared incompetent > by a court of law after having been convicted of a crime. The > period of incompetency declared by a court shall not exceed the > maximum sentence allowed for the crime he was convicted of. I'm with you most of the way, but I'm wondering about the sort of cases where: 1. X is dangerously crazy, presents a clear and immediate danger of committing a violent crime, but has not yet committed the crime. If there is no civil committment or temporary detention for being "a danger to society or oneself", what is to be done? Private action seems reasonable, but might unreasonably expose a quick thinking bystander to liability. 2. X commits a crime while insane, pleads "guilty but insane" (or whatever), and after his statutory period of incompetence is still dangerously crazy. Should he be let out? If so, are the authorities then liable for his subsequent acts? I worry less about the civil impediments of incompetence (lack of capacity to contract, consent to risks, etc.) than about dangerously crazy people wandering around since the state has no right to protect them "from themselves." Is there a way around this? Michael C. Berch ARPA: mcb@lll-tis-b.ARPA UUCP: {ihnp4,dual,sun}!lll-lcc!styx!mcb -------