by Holly A. Case
Is there a relationship between politics and madness? The history of the legal strategy known as the insanity defense offers some clues. One thinker, the political philosopher Hannah Arendt, was so haunted by the moral confusion of the insanity defense as to wonder whether there is a way to tell right from wrong without reference to right and left.
Last month before a packed courtroom in Graz, Austria, a man stood trial for three counts of murder and 108 counts of attempted murder. The defendant, Alen R., appeared each day in a white suit. His face, like his last name, was obscured in the Austrian media, but the case was such a high-profile one—all seven days of the proceedings were broadcast live and it was front-page news in every one of the Austrian dailies—that Alen R. became something of an anti-celebrity.
On June 20, 2015, just after midday, Alen R. ran down pedestrians and cyclists with his SUV along a route stretching more than a mile through the city center of Graz. Witnesses estimated his maximum speed to be over 60 miles per hour. At one point he stopped to attack two people with a knife. Over the five-minute duration of his “mad driving spree,” he killed three people and injured thirty-six, many of them seriously.
The focus of the trial came down to one question: “Is Alen R. so mentally ill that he can assume no responsibility for the apocalyptic drive in his SUV through the pedestrian zones of Graz?” At issue were the conflicting expert assessments of psychiatrists and a psychologist regarding the defendant's sanity: one had concluded that he was “of unsound mind” and should therefore be referred for psychiatric treatment rather than given a prison sentence, and another believed Alen R. to be very much “of sound mind” and said he should stand trial as an accused criminal. To break the tie, a third (German) psychiatrist was called in who diagnosed him with schizophrenia. In the end, the jury deferred to the testimony of a fourth expert, a psychologist, who declared Alen R. to be of sound enough mind to be criminally responsible for murder and attempted murder. He was given a life sentence (though it is not yet binding) along with a referral for incarceration in a facility for the criminally insane.
