For those like me whose legal Latin isn’t great, “mens rea” is “the mental state of a defendant who is accused of committing a crime”, while actus reus is a “guilty act” (from Wikipedia). On his Substack, William M. Briggs discusses how legal systems decide when an accused person’s IQ is so low that they lack the ability to understand that their action is illegal:
A gang of gypsies in England gang raped a young girl (and another previously) at knifepoint while filming the deeds, laughing all the while and even posted one of the rapes on social media. At their trial, Judge Nicholas Rowland excused their crimes because he said the criminals were “‘very young’, had low intelligence, a ‘limited understanding of consent’ and were susceptible to ‘peer pressure'”.
[Rowland] said that the second boy fell into the bottom one per cent in IQ for his age, and he had been diagnosed with ADHD, while the third boy had ‘low intellectual capacity’ and he had a ‘limited understanding of consent’.
Iryna Zarutska, 23, was riding a train in Charlotte, when Decarlos Dejuan Brown Jr rose up, slit her throat, and as he was exiting the train gleefully declared he “got” his white woman. Brown had been arrested some 14 times before he murdered Zarutska, for crimes including armed robbery. He was freed each time. For the murder, he was found by Experts to be “incompetent to stand trial”.
Brown and the gypsies were not alone. Recently, there were these cases:
Many states have humane destruction laws that apply when animals (usually dogs) have attacked or killed humans. Florida, for instance, confiscates vicious dogs and puts them down. When any animal kills and eats a man it is usually put down, and most think it wise and prudent to do so. But some curiously argue the animals cannot help themselves, that it is their nature to attack and kill and even eat people, and who are we to judge?
In any case, it is clear that dogs, nor any animal, are not as intelligent as man. Just as it is clear obvious truth that some men are not as intelligent as others. Yet this fact does meet resistance from Equalitarians and Universalists, both forgiving every sin except the sin of claiming sin exists.
[…]
The Eighth Amendment reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted“.
Since 2002, executing a dumb criminal is “cruel”, yet executing an intelligent criminal is not cruel nor unusual. This is odd because, as any dog owner can attest, even dogs can know right from wrong, and even stupid men know murder is wrong.
Scalia wrote in his dissent that an Expert (a psychologist) on one of the appeals testified Smith had “an IQ of 59”. Smith also, and in this case, really had “16 prior felony convictions for robbery, attempted robbery, abduction, use of a firearm, and maiming”. He noted previous courts ruled only the profoundly retarded, those “idiots” who “had an IQ of 25 or below”, had a “‘deficiency in will’ rendering them unable to tell right from wrong”.
On the general topic of IQ, but not directly related to violent crime, ESR discusses the relationship between IQ and the caste system of India:
The caste system as a layered varna system with five classes and numerous integrated jati communities.
Razib Khan
That feeling when your knowledge about how average IQ varies with caste rank in India stops being peculiar arcana and suddenly becomes deeply relevant to US domestic politics …
Anybody who has studied the matter knows that castes in India have been maintaining almost perfect endogamy for thousands of years. About the only significant category of exceptions is that if you have an exceptionally beautiful daughter you *might* succeed in getting her taken as a concubine by a higher-caste man, so their offspring might jump a rank.
With no significant gene flow between jatis, divergences in important traits like IQ and time preference not only don’t smooth out, but actually amplify due to genetic drift and differing selective pressures.
Highest-caste Indians have an IQ distribution a lot like Europeans. Low-caste Indians … don’t. They’re not quite as genetically handicapped as the dimmest populations in sub-Saharan Africa, thankfully, but the spread is wide.
This doesn’t mean all low-caste Indians are stupid; Gaussian distributions don’t work that way. It does mean that importing 10,000 low-caste Indians has very different implications for the host society then importing 10,000 Brahmins.
Segue to the recent news stories about American families getting killed by illiterate Indian truck drivers doing crazy stupid things on the roadways. Those truck drivers are not Brahmins.
This is a recent phenomenon because, until one of our political parties decided to import the entire Third World for vote-farming purposes, we were cream-skimming India. Now we’re not, and this makes a serious difference.
