Remember the Shaanxi Temple Axe Murderer? You know, the one that killed eleven people aged 12-62 at a Taoist temple with an ax, dismembered them and fed some of their choice parts, including eyeballs, to the spotted dog that accompanied him? He was sentenced to death on October 19. For some good background on this man and his life, check out what ESWN had to say.
There's a new development in this case. The main article in this week's edition of Southern Weekend says that there's a psychiatrist/criminal psychologist called Liu Xiwei (刘锡伟) who has studied mentally ill people for decades and found plenty of people in jail who were certifiably nuts and therefore could have gotten off scot free or with a lighter sentence had they plead insanity and the court agreed.
The problem is that Qiu's lawyers didn't even think about entering that plea, because it would be unthinkable to ask for any kind of clemency for man who brutally murdered 11 people. They say it goes back to the traditional idea of a life for a life, rooted deep in the Chinese psyche. You can't not give the guy a bullet in the head. Makes sense right? Think about Saddam Hussein -- you can't not hang the guy, not after he trained those pilots to fly into the twin towers in New York and built those drones that would fly over the Atlantic Ocean and spread anthrax to usher in apocalypse before firing WMDs into major population centers because he hates fuckin' freedom.
So this was a heinous crime, but let's face it, this lawyer -- he ain't no Johnnie Cochran (god rest his soul). But you can't just blame the lawyer, either. The system is such that the court has to request a test of the accused's sanity. Enter Liu Xiwei, who has been studying this case in detail and has consulted with various criminologists and psychologists around China. Not everyone agrees with him -- they seem to agree that Qiu was bat-shit crazy but not necessarily insane in the sense required by the 18th article of China's Criminal Law. Somehow there is always a line implicit in the phrase "he knows not what he is doing" (with apologies to Jesus) that has to be crossed before you introduce someone to a firing squad.
Why is Liu Xinwei on a mission to defend this killer? This interview makes clear that he's not out to prove that Qiu is innocent, but is concerned about how justice is or isn't meted out to the criminally insane. With the recently passed law that every death sentence has to be reviewed by China's highest court, the hope is that China's judicial system is making some progress. The rub is that there is probably no one who will even allow Qiu to get the proper tests. There's going to be an appeal, but the case really hinges on the (in)sanity of Qiu.
According to Chinese law, it is possible that if Qiu is found insane that he could get a reduced sentence or no sentence at all. In which case he could work on writing a book titled If I Had Been Sane When I Did It ...
Photo of Qiu Xinghua smiling like a deranged lunatic from Southern Weekend

Week Around the Ists


wtf does Saddam have to do with 9/11? You lost all credibility past that point (or I've lost the humor here...).
I never get the "I am insane so you can't punish me for killing people" defence. Of course only a only a nut-job would chop people up. To quote 6-Feet Under, that dude is a Dorrito, crunch him, they will just keep making more.
Not to be off topic but that pretty much what you'd imagine a bat shit insane axe murderer to look like isn't it?
"Saddam Hussein -- you can't not hang the guy, not after he trained those pilots to fly into the twin towers in New York"
I can't believe I just read that BS!
Haven't you figured out by now that Shanghaiist is run by a bunch of right-wing wackos? All liberals must die!
Geez.
Should we start using the sarcasm point?
LOL @ ^^
Did you people read to "you can't not hang the guy, not after he trained those pilots to fly into the twin towers in New York" and then stop?
Getting off the death penalty for being insane does not mean that you get off. Its means you go to the forensic madhouse -- a fate worse than death, even in countries with mental health system quite a bit more enlightened than China's barborous system. I say this as someone who has been committed under the Act on a few occassions and had a few self-empowerment moments with people's heads when delusional. When genuinely insane you really are not responsible for what you do. I don't think that is the case with guy. Delusionals rarely axe murder. They usually kill someone they know out of (to them) a genuinely believed need to defend themselves or avoid persecution. I've known a few forensics and I'd say this guy has a form of anti-social personality disorder rather than a mental illness.
If peijin's humour was actually humourous, then people might get it.Ugh.
Ok, either the people commenting are Chinese with poor English skills - and we are not blaming you, it is not required to speak English perfectly in this world - or you are all total f***wit Americans raised on corn and MTV, and are so moronic you don't even know where Canada is... God you make me embarassed to be from the same planet as you. What the f*** are you doing in China, working for your Pa's heavy equipment sales company? I have seen many of you dumb twats around town recently, wondering what it is you are up to. Get back to that dumb zoo of arrogant pricks you call a country...
When genuinely insane you really are not responsible for what you do. :O really ?
isn't that what people say about Serial Killers ?
i mean, aren't they insane at some point ? so they are not responsible for what they do? then who are ?
Like the Yates lady who killed her 5 babies, the babies were rubbed the right to live, who is fault is that ?
Think about Saddam Hussein — you can’t not hang the guy, not after he trained those pilots to fly into the twin towers in New York and built those drones that would fly over the Atlantic Ocean and spread anthrax to usher in apocalypse before firing WMDs into major population centers because he hates fuckin’ freedom.
Just for the record, if he is sentenced and executed, it will be by the new Iraqi government and not the Americans. The Iraqi government needs the US troops, but the Maliki government is no American proxy.
"When genuinely insane you really are not responsible for what you do. :O really ?"
We are talking of mental illness -- temporary loss of rationality. Serial killers or people with anti-social personality disorders are not mentally ill. There is no loss of rationality. They are bad not mad.
When you are mentally disordered you are not responsible for what you do. That is why almost every country in the world has mental health legislation allowing people to be detained in hospital even though they have not done anything wrong. All they have done is lose their reason and thus not responsible for what they might do.
HOLY CRAP MOST EVERYONE [ELSE] WHO REPLIED HERE IS AN IDIOT! The article is brilliant...insightful...hilarious...the bit about Saddam Hussein and 9/11 is great satire, virtually slapstic...to the even nominally informed, there is no question it was intended as humor, and is in fact funny.
"wtf does Saddam have to do with 9/11? You lost all credibility past that point (or I've lost the humor here...)."
you lost the humor there.