Instead of insanity eliminating the crime according to the original meaning of article 64, every crime and even every offense now carries within it, as a legitimate suspicion, but also as a right that may be claimed, the hypothesis of insanity, in any case of anomaly. And the sentence that condemns or acquits is not simply a judgement of guily, a legal decision that lays down punishment; it bears within it an assessment of normality and a technical prescription for a possible normalization Today the judge- magistrate or juror0 certainly does more than 'judge. (Michel Foucault)

Instead of insanity eliminating the crime according to the original meaning of article 64, every crime and even every offense now carries within it, as a legitimate suspicion, but also as a right that may be claimed, the hypothesis of insanity, in any case of anomaly. And the sentence that condemns or acquits is not simply a judgement of guily, a legal decision that lays down punishment; it bears within it an assessment of normality and a technical prescription for a possible normalization Today the judge- magistrate or juror0 certainly does more than 'judge.

Michel Foucault

Related topics

anomaly article assessment case crime decision hypothesis insanity judge legal legitimate magistrate meaning normalization now offense original possible prescription punishment right sentence suspicion technical today normality judgement

Related quotes