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Can the mentally ill be to blame?

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Suppose you discovered that someone has committed a horribly violent crime. And now suppose I tell you one additional fact about the person who performed this act: he or she is mentally ill. In fact, suppose I tell you that the reason he performed this act he is suffering from damage to a particular area of his brain. Would you still conclude that he could be morally responsible for what he had done?

 

At this point, you might be guessing that no one would hold an agent morally responsible in such a circumstance. After all, how could we hold someone morally responsible for behavior that was clearly the result of neurological illness? Surely, anyone would agree in such a case that the agent is not to blame for what he has done!

 

Guess again. As Matthew Hutson has recently emphasized, people show a depressingly persistent tendency to attribute moral responsibility -- a tendency that persists even in the face of strong theoretical reasons to reach the opposite conclusion.

A particularly striking example of this tendency emerges in a recent study from Eric Mandelbaum, David Ripley and Felipe De Brigard. In their study, subjects were randomly assigned to one of two conditions. Subjects in the 'abstract' condition received the following story:

Dennis has recently found out from his doctor that he has a neurological condition that has caused him to behave in certain ways. Were someone else to have this neurological condition then that person would have had to behave in the same ways as Dennis.

Just as you might expect, most subjects who received this story said that Dennis was not morally responsible for the behaviors he performs. But don't be too swift to assume that people with neurological conditions will get off the hook. Mandelbaum and colleagues also included a 'concrete' condition, in which subjects were told:

Dennis has recently found out from his doctor that he has a neurological condition that has, in the past, caused him to rape women. Were someone else to have this neurological condition then that person would have had to behave in the same ways as Dennis.

When the story is made more concrete in this way, people's intuitions change radically. They end up concluding that Dennis actually is morally responsible for what he'd done.

So it seems that, no matter how much we tell people about damage to an agent's brain, the impulse to blame will get the last word. It is as though people are thinking: 'Well, he does have a neurological condition... but then again, someone ended up getting raped. We just can't let this go by without declaring at least one person to be morally responsible!'

[Eric Mandelbaum, David Ripley & Felipe De Brigard, 'Responsibility and the Brain Sciences']

Comments

Can the Mentalluy Ill be to Blame?

How sad a commentary on human nature. Perhaps I have a bit of a heads up on this as I have family members who suffer from mental illness. None of those members have committed any serious crimes but I do know that they are controlled by the illness.
I do believe however, that mentally ill or not, those who commit serious crimes should be kept away from the public in general for their own and other's safety.
What if it was your brother, sister, mother or father who suffered from a mental illness and committed a crime? Would you not be there for them with empathy?


One thing to keep in mind is

One thing to keep in mind is that participants in this study were only asked "how morally responsible" Dennis was. We don't know whether participants would or would not be empathetic with Dennis, or how that empathy might be affected by his disorder.


Mental Illness and moral responsiblity

This is a subject very near to my heart.
I realize that this article was more concerned with public perception of guilt than with reality of guilt, but there is, of course, a lot more to the question than appearances.

I have mild bipolar disorder. The main effect it has had on my life is to make me change jobs and careers about every 5 years. As a result I am a good deal less financially stable than most 60 year old people with a master's degree. All of my immediate family members have bipolar disorder or schizoaffective disorder, and several of my extended family also have an assortment of mental illnesses.

I spent a number of years in direct advocacy, both with consumers and as a systems change agent, being one of the people responsible for implementing the System's of Care model in the children's mental health care for the state of Oklahoma, and a supporter of the implementation of the Program of Assertive Community Treatment in the state of Oklahoma. I was state president of the Oklahoma Chapter of the Federation of Families for Children's Mental Health, served on a number of mental health related boards and was a fairly frequent speaker at local, state and national conferences.

I review my credentials in order to establish that I have some hard won expertise in this area, even though I lack academic training in it.

In the beginning, once it became clear to me that the mental illnesses are biological illness, just as heart disease, cancer and diabetes are, I thought that people should be held less responsible for their actions when they were led to act in certain ways by dysfunctioning brains. In other words, "Innocent by way of insanity" was a judgment I thought made sense.

I have modified that position. In most cases, if I have diabetes, and know it, it's not that hard to stabilize my condition so that I can lead a fairly normal life, including driving safely. Similarly, if I have bipolar disorder, it's usually possible to stabilize my life by carefully taking the medications I require to stay stable, but also, to manage my sleep, excercise and stress levels in order to minimize my symptoms. Diabetics must do the same. Sure, no degree of care guarantees full safety, but competent oversight minimizes problems.

On the other hand, if I know I have a chronic condition which has the potential to kill me or someone else, and choose not to exercise due diligence, then I remain culpable for harm I cause. If I have diabetes and do not manage my blood sugar, but get behind the wheel of a car, and then fall into a diabetic coma while in rush hour traffic, I am indeed guilty when I cause an accident. I own the condition. The fact that I was in a coma when the accident occurred does not excuse me from legal or moral responsibility. It works the same with a mental illness, such as bipolar disorder, which can lead me to either harm myself or people around me. If I forget to take the medications that make it possible to monitor my own condition and exercise competent oversight, then I should be held morally and legally responsible for harm I cause. No body else is responsible for my actions.

There are two "yeahbuts" in this equation. The first is if I suddenly manifest an illness---heart disease, diabetic coma, bipolar rage, of which I had no previous warning, then I am entitled to a bye on the guilt. Once. After that, it's my job to take care of myself to prevent future problems.

In the case of mental illnesses, one of the common symptoms is failure to recognize one's own condition. In that case, it is society's responsibility to see that I take the medication, whether I am willing or not. It may violate my civil liberties, but public safety trumps my right to self determination.

It is quite apparent that the Virginia Tech shooter should have been on medication and under treatment for years before he killed dozens of people. He was even mandated to treatment, and no one followed up to see that he got it. Is he the murderer? or was it a system not prepared to adequately identify and treat such people?

I've been involved in the aftermath of a case where an individual with a severe mental illness recognized that his health was deteriorating, actively sought help and was turned away from the hospital door because there were no psychiatric beds available, nor were there community structures in place to see that he was cared for in the community. The individual became increasingly agitated, eventually going to a local emergency room, where he killed the charge nurse, and was himself shot as he reloaded his weapon. Although his death was a tragedy, it was the only safe thing for the local police to do have done. Failure to kill him could easily have led to additional slaughter. Was he a murderer? He recognized his own condition and actively sought help. Were the police murderers? If he was innocent by way of insanity, then his death was a wrongful death, Or was it all of us, who did not take care to make the treatment he needed available to him.

How do you try a medical system for murder? How do you hold a whole legislature accountable for the harm caused by not having adequate community resources in place before mandating the closure of hospitals? It's very similar to the childhood game wherein one points a finger at one's peers, and finds three more fingers pointed back at oneself.


Not Morally Responsible, But....

While individuals with mental disorders should not be held morally responsible for their actions, these actions DO have to be dealt with. If they are a danger to the community, then they need to be closely monitored.


Wow, great article!!! Would

Wow, great article!!! Would you mind checking out mine and leave a comment telling me what you think? It's here: http://brainblogger.com/2008/05/24/neuroscience-psychotherapys-execution...
Thanks!!!


is it that they hold the

is it that they hold the person who rapes due to a neurological condition per se morally responsible or is it that they are holding him *more* responsible than the victim. is their answer to the concrete completely out of line with their answer to the abstract? or, is it that their compassion for the victim in the concrete enters their assessment and therefore affects their conclusion?


The mental "illness" excuse is a convenient one

The notion to some that they have a mental "illness" is appealing to them. No longer are they lazy, immoral, criminal, underacheiving..etc.

For some individuals, it is much more convenient to forfeit acceptance of personal responsibility for their actions and instead to attribute their errs to a hypothetical "mental illness".

In the case of situations where there is a known organic cause that makes it unreasonable for a person to act in a socially correct way, sure give them a break. It just seems too much anymore that people find it acceptable to blame anything and everything on unverifiable mental disorders.

Oh, and if I was on trial for murder and I were offered a reduced sentence if I were found to be mentally ill, then perhaps you could just call me crazy!! ;)


moral code, value system, responsibility

Crime, morality....sociopaths have morals, you know....they simply value them differently. Who is to say which morality is the right one?
Anyway, let's say someone killed his wife while 'sleepwaalking'. Lets say that it has been determined by experts that he is not lying; he really does not remember doing it. He loved her. Should we lock him up?
Yes.
He sleeps every night, doesn't he?


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