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Notes -
I had the same thought, but then had this idea: there's also an element of mental rehabilitation. If Clancy is now in her right mind, she probably wants to be punished for what she did. Maybe not in an explicable way. But anyone who does something so heinous, whether they were in psychosis or not, will feel they deserve punishment, and will not be mentally whole until they get what they feel they deserve.
I don't necessarily stand by this as a theory of law, but thought it was interesting enough to share.
Im of the strong opinion that findings of insanity should mean treatment until youre sane enough to be punished, then punishment should begin. Hinkley should have begun the normal sentence for an assasination once he was released from the mental institution.
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My thoughts were similar. I believe pretty firmly that filicide is a crime worthy of death. I believe it firmly enough that if I ever murdered my children, I would probably administer the punishment myself if the state refused to. The only wrinkle is that I also believe suicide is immoral—but does a self-administered death penalty really count as suicide? I’ve come to think no.
Does the immorality of suicide cause the self-administered death penalty to be more justified, due to how it punishes not only your life but also your sense of self and identity compelling you into a sort of morally contradictory situation where you feel like you have no choice but to do something you consider immoral, or does it cause it to be less justified, due to how it would require you to commit yet another immoral act? I can see the argument for both.
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Hence a prison sentence is justified regardless of sanity. The if she wants more “punishment” she can administer it to herself, ideally by community service.
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