Bob Schwartz

Political Insanity Defense

People have watched enough criminal trials on TV to know about the insanity defense—or actually defenses, since it differs state to state:

THE INSANITY DEFENSE

  • What are the legal standards for insanity?

Each state, and the District of Columbia, has its own statute setting out the standard for determining whether a defendant was legally insane, and therefore not responsible, at the time his crime was committed. In general, the standards fall into two categories.

About half of the states follow the “M’Naughten” rule, based on the 1843 British case of Daniel M’Naughten, a deranged woodcutter who attempted to assassinate the prime minister. He was acquitted, and the resulting standard is still used in 26 states in the U.S.: A defendant may be found not guilty by reason of insanity if “at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong.” (emphasis added) This test is also commonly referred to as the “right/wrong” test.

Twenty-two jurisdictions use some variation of the Model Standard set out by the American Law Institute (A.L.I.) in 1962. Under the A.L.I. rule, a defendant is not held criminally responsible “if at the time of his conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law.” (emphasis added) The A.L.I. rule is generally considered to be less restrictive than the M’Naughten rule.

Some states that use the M’Naughten rule have modified it to include a provision for a defendant suffering under “an irresistible impulse” which prevents him from being able to stop himself from committing an act that he knows is wrong.

Three states — Montana, Idaho, and Utah — do not allow the insanity defense at all.

PBS Frontline: A Crime of Insanity

What if—and I know this is far-fetched and fantastical—some political candidate was suffering from what some of the states call “mental disease or defect”? Could that candidate claim no responsibility for behavior on or off the campaign trail? No responsibility for behavior in office, if by some chance elected?

Such a candidate might claim—and again, far-fetched and fantastical—that ISIS will be taking over the United States if he is not elected. That Speaker of the House Paul Ryan is part of a “secret deal” and a vast conspiracy to defeat him. That he, the candidate, is a savior, and that he and he alone in all the world is capable of saving the nation.

This is fertile territory for legal, psychological and political scholars, as far-fetched and fantastical as it may be.

Yom Kippur Lesser Hits

I see that a few of my older posts about the Days of Awe/High Holy Days are being read now. This is a gratifying, considering that when I read them myself, I am not all that happy with them (the writer’s curse).

It gave me the idea that maybe instead of writing something new about this Yom Kippur, which begins this evening, I would instead include links to some of the past posts.

For those who are Jewish and fasting, may you have an easy fast. For those who are not Jewish or not fasting, no worries. The opportunity to contemplate our lives is open every day to everyone, no matter who you are, no matter what you eat, or don’t.

Yom Kippur and Job

“Whether this is a day of reflection and fasting, reciting centuries-old prayers, or an ordinary day of work or study, managing others or being managed; whether you are Job beset by unexplained misfortune, or Job’s wife, ready to kill him if he doesn’t kill himself, or Job’s friends so quick with advice; whether you are being punished by God, Satan, or whatever other forces you believe are working against you; whether you are the smartest person in the room or not; this is what we can do, even if there is seemingly no comfort in it: Be awed. Be humble.”

Yom Kippur: A Serious Day for a Serious Man

“The movie closes with a note taken straight from the Book of Job. A tornado approaches. Will it be the voice of God out of the whirlwind? Or will it just be one more inexplicable disaster, one more serious touch of uncertainty? Who knows? Yom Kippur and every day, listen to Rabbi Marshak: Be a good girl or boy.”

Yom Kippur: Beyond the Self

“The tradition says that the Book of Life is open during the Ten Days of Awe. When the holy days end with Yom Kippur, the Day of Atonement, when the shofar sounds, the book closes and our lives will have been written for the next year. But the book is always open.”

Jonah, Yom Kippur, Iran and Irony

“Last week, Iranian psychotherapist Mohsen Amir-Aslani was hanged for, among other things, insulting the prophet Jonah.”

Why I Read the Qur’an This Yom Kippur

“You may believe in many respects besides religious—historical, social, cultural—that the Bible is one of the most important books in the world. You may also have to admit that in its impact, the Qur’an is its equal.”

No Mail No News

Alice - Drink Me

My day begins with no mail and no news.

How hard is that? Well, the devices surrounding me are begging me. Not unlike the bottle in Wonderland that implored Alice “Drink me,” these insist “Read me, watch me.”

This isn’t entirely new. Before digital (BD) the phone could ring first thing in the morning. You could wake up to TV news, which many still do.

But now, nothing is unknowable at any time, about the world in general or about your life in particular. All of it available the moment you wake.

If a flash flood is heading to my door, or a loved one needs me right now, of course I want to know it. But most things can wait a little while, while the big little world of first light finds its shape and way. If someone famous is dead, they will still be dead. If some politician has said something stupid, or improbably brilliant, there will be time for that. If a war is getting worse or better, I will bemoan the conflict or celebrate the prospect of peace. Just a tiny bit later.

Right now, the raw and unpolished jewel of the day begins.

HBKK. That’s the news that matters.

Rickroll Zazen

Rickroll Zazen

To understand this, you need to know a little about two things: Zen and the 1980s pop star Rick Astley.

The centerpiece of Zen is zazen, sitting meditation, and the center of that is shikantaza, just sitting. Sitting without mantra or visualization or other objective technique. Just sitting and breathing. If thoughts arise, let them go.

In his great but now out of print Approach to Zen (incorporated into his later, greater and available Opening the Hand of Thought, Kosho Uchiyama Roshi included a very primitive but excellent line drawing to represent how zazen works.  After reading countless explanations, this drawing still says it as well as any other description:

Uchiyama Zazen

You sit. Along the way you think about a. Then you return to just sitting (Z). You think about b. Then you return to just sitting (Z). You think about c, apparently a lovely woman or whatever. Then you return to just sitting (Z). It is both simple and hard.

Rickrolling is a cultural phenomenon surrounding pop star Rick Astley. In 1987, he had a huge hit with the track Never Gonna Give You Up. It was the heyday of MTV, so naturally there was a video.

Sometime around 2007, something happened with the video for Never Gonna Give You Up. It began showing up as a surprise at completely unlikely and inappropriate moments. You would click on something, but instead it would be Rick. Rickrolling continues to this day.

Because of this, Rick Astley remains one of the most recognized 1980s pop music icons, even for people who have no idea who he was. He just released his first album in years. And it was reading about him and that new album that got me started.

You cannot read about Rickrolling, let alone hear the track or view the video, without getting Never Gonna Give You Up stuck in your head. Which is not convenient if the very next thing you are doing is zazen. As a regular practitioner with a complex life, I’ve had to put some very serious things out of mind when I sit. But Rick Astley, for a few minutes, was as stubborn and sticky as it gets.

Above, borrowing from Uchiyama Roshi’s drawing, you will see what Rickroll zazen looks like.

Note: For those who don’t know the video (it has about 250 million views on YouTube) here it is. And no, you are not being Rickrolled.

The Book of Life (Days of Awe)

The Book of Life (Days of Awe)

Who writes
Who reads
The sentences
In careful paragraphs and chapters
That follow ancient codes?
Or the disjointed scrawl,
Random and indecipherable,
No system at all?
The contest is closing in days.
Who judges the book,
By what rules?
How will we know
If we win or lose?
Another new year growing old,
Another life on the shelf.

No Photos of Donald Trump Standing with or Hugging Republican Women Governors, Senators and House Members

Women for Trump

This was supposed to be a post containing photos of Donald Trump hugging, or just standing with, Republican women Governors, Senators and House Members. The point is that these women will have to hug, or just stand with, Donald Trump if he becomes President, because he will be the leader of their party.

I can’t, however, because I was unable to find almost any such photos. Why do you think that is?

Note: The photo above is from the Trump campaign website. The page for these Women for Trump shirts includes this:

Please refer to Fitting Guide when ordering; these are very form fitting shirts.

Trump and Triumph: The Insult Comics

Triumph

Donald Trump said Wednesday that derogatory statements he has made toward women were all for the sake of “entertainment” and did not reflect his true feelings. “A lot of that was done for the purpose of entertainment; there’s nobody that has more respect for women than I do,” the real estate mogul told Las Vegas’ KSNV-TV.

Or, as Triumph the Insult Comic Dog would say: “I keed. I keed.”

The first thought—the only rational thought—is that Trump considers himself a sort of insult comic. In his day, Don Rickles entertained millions by unmercifully insulting celebrities. In real life, it is reported that Rickles was actually a sweet guy.

Today, if you think of insult comics, the one that comes to mind is Triumph. Triumph is outrageously entertaining, because he is funny, he speaks with a Russian accent, he knows no limits, he is a dog, he is a puppet, and he smokes a cigar. And because his catchphrase is the perfect exclamation for any insult: “I poop on you.”

And now here’s the really weird thing about thinking of Trump as Triumph: they share the same letters in their name. Seriously. T-R-U-M-P is found in both Trump and Triumph.

Is it possible that somebody is trying to tell us something? I would like to think that this is absurd, but given the way things are going with the campaign, is anything really absurd?

Days of Random Awe – Day 4: Koheleth/Ecclesiastes 11

Utter futility!—said Koheleth—
Utter futility! All is futile!
Koheleth/Ecclesiastes 1:2 (New Jewish Publication Society translation)

The random chapter of Tanakh for this Day 4 of the Days of Awe is from the Book of Ecclesiastes, known in Hebrew by the name of the sage it is attributed to, Koheleth.

This book is unique in the Tanakh and uniquely troublesome for some rabbis and biblical interpreters. The conventional system of rewards and punishments seems, to a certain extent, to have been thrown out the window. Or at least put in perspective.

Here is Chapter 11:

Send your bread forth upon the waters; for after many days you will find it. Distribute portions to seven or even to eight, for you cannot know what misfortune may occur on earth.

If the clouds are filled, they will pour down rain on the earth; and *if a tree falls to the south or to the north, the tree will stay where it falls. If one watches the wind, he will never sow; and if one observes the clouds, he will never reap. Just as you do not know how the lifebreath passes into the limbs within the womb of the pregnant woman, so you cannot foresee the actions of God, who causes all things to happen. Sow your seed in the morning, and don’t hold back your hand in the evening, since you don’t know which is going to succeed, the one or the other, or if both are equally good.

How sweet is the light, what a delight for the eyes to behold the sun! Even if a man lives many years, let him enjoy himself in all of them, remembering how many the days of darkness are going to be. The only future is nothingness!

O youth, enjoy yourself while you are young! Let your heart lead you to enjoyment in the days of your youth. Follow the desires of your heart and the glances of your eyes—but know well that God will call you to account for all such things—1and banish care from your mind, and pluck sorrow out of your flesh! For youth and black hair are fleeting.

The Jewish Study Bible explains:

His [Koheleth’s] observations are bound together by certain fundamental themes. The first is expressed by the term “futility” (hevel). For Koheleth, this is foremost the inability of humans to make sense of the world around them—to see a coherent pattern, a plan to their lives and to nature, in the sense of a movement toward lasting goals, a line of development or progress….

But the human ability to discern what these all are is frustrated, he argues, again and again, as evident by the fact that the traditional doctrine of reward and punishment for the good and the wicked does not appear to work. In this regard, Koheleth is arguing against the sort of position evident in the book of Deuteronomy or the bulk of Proverbs, for which the covenant tradition and experience provide certainty about what God demands of humans and so about His reward and punishment justice.

The one thing that is clear for Koheleth is death. It is the final point in each one’s maʿaseh, the one immutable event in life that every human, animal, and other organism must succumb to, and that cuts across, therefore, all categories of morality, class and being. If there is any survival beyond death, either physically or in terms of memory and influence, humans cannot know this, and so cannot rely on it. What is left to humans, then, as Koheleth sees it—though he does raise an occasional doubt—is principally to enjoy their toil while they are alive….

The capacity to discern all of this—to understand what can be known and what cannot—is for Koheleth the task of wisdom. Wisdom, therefore, is most effective when it is used to clarify its own limits.

This does not suggest some sort of libertine, hedonistic nihilism. In this respect, Koheleth reflects a very modern perspective that, as with the Book of Job, offers something like divine existentialism. Just because you stop trying to make sense, there is still meaning. But that meaning may be inherently hidden in the phenomena, and very different from the external order and programs others try to impose on that meaning—and on us. Compassion and generosity may be required of us, and we may seemingly be rewarded for their doing and punished for their lack, but it is ultimately the facts of life and death, and of futility, that are their source.

Another Cool Way to Show Support for Our Veterans

IAVA Lifeline Flex

I’ve written a number of times before about veterans issues and about the Iraq & Afghanistan Veterans of America (IAVA), which last month sponsored a televised Commander-in-Chief Forum featuring the presidential candidates.

It is an old song, but worth repeating. Our treatment of those we have asked to fight is a national shame. If we don’t want to fight and defend, and don’t ask others to do the job for us, fine. Peace is wonderful. But once we ask, we have to provide virtually infinite support for those who answer. This should be at the top of any policy priority list, because it is a moral test, not a partisan talking point. For a grade, I’d consider giving us an E for Effort, but really, it’s more like an F.

If you want to show your support, IAVA has a very cool and inexpensive wearable. It’s the IAVA Lifeline Flex:

IAVA Lifeline Flex
$14.99

Iraq & Afghanistan Veterans of America (IAVA) Lifeline Flex in Night Vision Yellow and Black with engraved logo on a metal toggle clasp. Hand-wound from the same 550 lb tested parachute chord used in WWII to attach men to their chutes, these cuffs give you up to 15ft of usable paracord when unwound. Not just an all purpose survival tool, the 550 cord also looks killer on your wrist. Don’t leave home without one of these killer bracelets.

ITEM DETAILS:
Hand-wound from military grade 550 cord
One size fits all “Flex” interior with IAVA closure clasp

19 things Donald Trump knows better than anyone else, according to Donald Trump

Normally, I would quote a little bit of an article, and provide a link to the whole thing.

19 things Donald Trump knows better than anyone else, according to Donald Trump by Aaron Blake at the Washington Post today is simply too amazing for that. So the link is above, but here it is in its entirety:

I understand the tax laws better than almost anyone, which is why I’m the one who can truly fix them,” Donald Trump claimed Monday in Colorado.

It is one of many issues on which Trump is one of the world’s foremost experts, according to Trump. In fact, you might say he’s the best at being a self-proclaimed expert.

Below is a list of the many things about which Trump says he knows more than just about anybody. Even for a guy who’s fond of hyperbole, it’s a lot to take in.

1) Renewables

“I know more about renewables than any human being on Earth.” — April 2016

2) Social media

“I understand social media. I understand the power of Twitter. I understand the power of Facebook maybe better than almost anybody, based on my results, right?” — November 2015

3) Debt

“Nobody knows more about debt. I’m like the king. I love debt.” — May 2016

4) Taxes, again

“I think nobody knows more about taxes than I do, maybe in the history of the world. Nobody knows more about taxes.” — May 2016

Donald J. Trump ✔ @realDonaldTrump
I know our complex tax laws better than anyone who has ever run for president and am the only one who can fix them. #failing@nytimes
7:22 AM – 2 Oct 2016
15,459 15,459 Retweets   41,208 41,208 likes

“Nobody knows more about taxes than I do — and income than I do.” — May 2016

5) Banking

“Nobody knows banking better than I do” — February 2016

6) Wall Street bankers

MATT LAUER: You’re a guy who said you know the Wall Street bankers better than anyone.

TRUMP: Better than anyone.

— April 2016 on NBC’s “Today” show

7) Money

“I understand money better than anybody. I understand it far better than Hillary, and I’m way up on the economy when it comes to questions on the economy.” — June 2016

8) The U.S. system of government

“I think nobody knows the system better than I do.” — August 2016

“I am a person that used to be establishment when I’d give them hundreds of thousands of dollars. But when I decided to run, I became very anti-establishment, because I understand the system than anybody else.” — July 2016

“Nobody knows the system better than I do.” — April 2016

9) Campaign contributions

“I used to be, George, the fair-haired boy — you know, when I was a contributor. I know more about contributions than anybody.” — November 2015

10) Politicians

“Nobody knows politicians better than Donald Trump.” — February 2016 rally

11) Sen. Cory Booker

Donald J. Trump ✔ @realDonaldTrump
If Cory Booker is the future of the Democratic Party, they have no future! I know more about Cory than he knows about himself.
10:14 PM – 25 Jul 2016
10,079 10,079 Retweets   34,725 34,725 likes

(We’re putting this on the list assuming that nobody ELSE knows more about Booker than Booker, which would make Trump the world’s foremost non-Cory Booker expert on Cory Booker.)

12) Trade

“Nobody knows more about trade than me.” — March 2016

13) Jobs

Donald J. Trump ✔ @realDonaldTrump
I hope all workers demand that their @Teamsters reps endorse Donald J. Trump. Nobody knows jobs like I do! Don’t let them sell you out!
5:03 PM – 8 Jan 2016
2,170 2,170 Retweets   5,972 5,972 likes

14) Infrastructure

“Nobody in the history of this country has ever known so much about infrastructure as Donald Trump.” — July 2016

15) The military

“There’s nobody bigger or better at the military than I am.” — June 2015 Fox News interview

16) ISIS

“I know more about ISIS [the Islamic State militant group] than the generals do. Believe me.” — November 2015

17) Defense — and offense

“So a general gets on, sent obviously by Obama, and he said, ‘Mr. Trump doesn’t understand. He knows nothing about defense.’ I know more about offense and defense than they will ever understand, believe me. Believe me. Than they will ever understand. Than they will ever understand.” — July 2016

18) The ‘horror of nuclear’

“There is nobody who understands the horror of nuclear more than me.” — June 2016

19) The visa system

“Because nobody knows the system better than me. I know the H1B. I know the H2B. Nobody knows it better than me.” — March 2016

© 2016 The Washington Post