[alphabassettgrrl]

Alex, your #3 is right on.

Personally my initial reaction is either you did it and you're guilty, or you can't control your behavior and need to be locked away somewhere (though prison may not be the best place to do so). If you are claiming not guilty because you took drugs, at some point you were rational and took the drugs. Still guilty.

Have to think more about the brain-tumor/physical abnormality thing. That won't be detected until they do something, which is rather too late. Probably still have to come down on the "if you can't control it you need to be locked away" side. My model is Montana's policy on "not guilty by reason of insanity" - you spend your time in a psych hospital until you are fit to stand trial. Kind of harsh, but we can't set a precedent for people to claim abnormalities and feel free to commit crimes.

Still requires much more thought to find a good way to punish the truly guilty while not catching those with a problem that can be solved.