[ExI] Implications of Sociopath Testing

[Lee Corbin]

Mike writes

> Lee wrote:
> 
> > In your sentencing, do you take into account the fact that he or she
> > is a sociopath [known factually as such by impending technology]?
> 
> Until this condition is deemed a "prior event" according to the law,
> in all fairness I should effectively disregard this status information
> and make a ruling as though I did not possess this knowledge.

Judges take special circumstances into account all the time. Especially
in America since the time of the Warren court, it's become widespread
for judges to do "what is right" rather than follow the law.  It's *juries*
who (except in cases of Jury Nullification) must follow the law. Besides,
who wouldn't want to grant judges *some* leeway in handing out
sentences?

You use the phrase "in all fairness". Do you consider your act to be
in all fairness to the future victims of this known sociopath?

I had advanced the idea that *some* sociopaths are not dangerous
because from an early age they have internalized that there is simply
too big a change for their misdeeds to become known and for them
to suffer punishment.

But my question clearly relates to a sociopath who has not successfully
internalized good behavior.

> I don't see how this is much different from testing to determine
> chromosomal gender or sexual orientation or True political intention
> or any of hundreds of other identity assessment questions
> (isn't this information is legally protected within specific contexts?)

Of course, you are bringing up an entirely different question here
from the one I posed. In this case, you are entering into the delicate
question of whether children, say, ought to be compulsorily tested
in order to determine their sociopathic tendencies. 

And your examples are even further afield, namely, for what possible
reason would anyone outside the immediate family have an interest
in chromosomal gender or sexual orientation? Clearly the libertarian
answer is that such testing should be entirely voluntary, and, if desired,
the results remain unavailable to others. Well, for adults, I mean.

Lee