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Aswad -> RE: Federal judge rules state must provide sex reassignment surgery for convicted murderer (9/5/2012 7:46:25 AM)
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ORIGINAL: Marc2b
This isn't a medical necessity like, say, needing your appendix removed would be.
Most of the time, when the appendix is removed, it isn't yet a medical necessity. At least not around these parts.
Of course, treating psychosis isn't a medical necessity, either, in that sense.
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If the murdering bastard wants to pretend he is a woman, tell him to tuck it.
Thanks for confirming that prejudices against GID and intersex conditions are alive and well on CM.
Identity-wise, he apparently is a woman, which is what the judge has concluded (and I daresay on a more solid foundation than you dismissed that conclusion). As the state has a responsibility to the people it chooses to incarcerate, it becomes the natural and largely inevitable conclusion that it needs to deal with a diagnosed medical condition in a reasonable manner. Currently, that means reassignment surgery and the like. If you're looking to abandon the diagnosis, go try to convince the medical establishment of your nonsense. If you're looking to abolish the application of the medical establishment's prevailing guidelines to prisoners, go become a politician and flush your country further down the drain.
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The idea that his GID led to the murder is also pure nonsense.
No. Claiming that it licenced the murder, or somehow made it okay, would be nonsense. But nobody claimed that.
Claiming that it may have been the reason for the murder, is merely speculation, and laws have been passed on less substantiated speculation with alarming regularity. Having a reason to kill doesn't necessarily mean that the reason is good enough to make it a lawful killing, or even a moral one, just that a reason exists. Which is usually the case when people commit murder. If you prefer to see murder as a random accident with no rhyme or reason, by all means do so. The rest of us prefer to have fewer murders, and so do the reasonable thing: figure out the reasons and then work on the countermeasures with a grasp of cause and effect.
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The usual standard for legal insanity is an inability to appreciate the consequences of ones' actions and/or an inability to distinguish right from wrong.
Actually, the standard has more to do with public perception than with anything else, mostly as a consquence of a president being attacked by a mentally ill person and the public being outraged at the idea that it might not qualify for prison. Which makes just as much sense as convicting a surgeon that has a sudden heart attack during a surgery of medical malpractice or even murder. If the act is not voluntary in nature, or is a reasonable response to perceived reality when perceptions are involuntarily altered, or stems from an inability to respond reasonably, then the act does not carry moral culpability and should not result in prison, but treatment.
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Is that the case with this guy? If so he should be in a mental institution, not a prison.
On this we agree. If he was moved by insanity, he should be treated for his insanity and released if/when cured, not imprisoned.
IWYW,
— Aswad.
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