Incompetence, Psychopathy, and Fair Opportunity

Abstract

Fair opportunity supports a modified version of the Model Penal Code insanity test, against the narrower M’Naghten test. The Andrea Yates case is introduced as a paradigmatic insanity defense. Recent arguments that psychopaths should be excused because their psychological deficits prevent them from developing cognitive competence about moral norms are considered and rejected. Moral blindspots involving selective discrimination raise questions about selective incompetence. In general, the selective nature of these blindspots implies that agents with blindspots have the capacity to correct their moral ignorance and so should not be excused.