Sunday, January 31, 2010

People v. (Huey) Newton- (California Court of Appeals, 1970)

Han Solo and Chewbacca were relaxing in Chalmun's Cantina on Tatooine, when Chewie stood up and left the table to grab another Algerine for him and Solo. The rodesian bounty hunter, Greedo, recognizing his chance, then sat down and confronted Solo regarding Jabba the Hutt's bounty on his head. In the middle of the conversation, Greedo felt threatened and attempted to pull a blaster on Solo, which lead to a physical struggle between the two. When Imperial Stormtroopers then rushed into the Cantina to break up the quarrel, Greedo managed to squeeze off a shot into Solo's abdomen. Solo then proceeded to draw his blaster and execute Greedo, and in a rampage of violence killed several other Stormtroopers and Cantina patrons, before running several miles and passing out in the street.

Waking up in a cell in the brig, Solo claimed that after Greedo shot him he could not remember anything that followed after. Expert testimony by a GH-7 medical droid suggested that indeed, after being shot Solo went into a state known as "Automatism"; under which, like a droid he had no conscious control over himself, merely recieving input and submitting output (in the form of repeated blaster fire). The medical droid suggested that such a state could be in this reflex shock condition for up to a half an hour.

This raised several issues for the Outer Rim Court on Tatooine, as one of the elements of being charged with a criminal act is the requirement of "mens rea", or the mental culpability (or intent to commit the act). If Solo was not actually conscious during this obscene flurry of violence, it would be philosophically repugnant to punish him for an act outside of his control. This concern was also to be balanced with the notion that Solo had (even in his "droid-like" state) managed to kill several innocent individuals. The case was eventually remanded by the court for a jury determination as to whether or not Solo's act was voluntary.

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