Tuesday, May 03, 2005

Defense: England Oxygen-Deprived at Birth

An AP article, "Defense: England Oxygen-Deprived at Birth," states that "Defense lawyers sought leniency for Pfc. Lynndie England ... [because she] was oxygen-deprived at birth, speech impaired and had trouble learning to read."

The story goes on to say, "When asked by judge Col. James Pohl whether England knew right from wrong, [West Virginia school psychologist Dr. Thomas] Denne said she had a compliant personality and tended to listen to authority figures. On Monday, England told Pohl that she initially resisted taking part in the abuse at the Baghdad prison, but that she succumbed to peer pressure. "I had a choice, but I chose to do what my friends wanted me to," she said. Rick Hernandez, a defense lawyer, said the psychologist's testimony helped England by establishing that her ability to reason was lower than that of her comrades.

Here's my question. Why did she resist at first? Another AP story by T.A. Badger quotes England as saying, "'No, no way' at first when a fellow soldier asked her to pose" for the now-infamous picture of England smiling and "pointing at a naked detainee's genitals while smoking a cigarette." Did she resist initially because she knew it was wrong?

The moment Lynndie said she initially resisted she acknowledged that she was capable of evaluating the moral environment. Even in an impaired state she admits to enough moral sense to make a decision. Therefore, the deprived of oxygen argument is meaningless and is being used as an emotional appeal.

Her "ability to reason" may indeed be lower than others but that is irrelevant. The question is can she make that judgment. Lynndie, herself, admitted she could.

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