https://www.city-journal.org/french-court-acquittal-of-kabili-traore
The recent decision of a French court would, if taken as precedent, in effect legalize murder—provided that the act was committed in a state of temporary madness caused by intoxication with cannabis.
In 2017, Kabili Traoré, a Muslim of Malian origin, who had no previous psychiatric history but a long criminal record, with 22 convictions—including for robbery, attempted robbery, drug-dealing, and possession of illegal arms—climbed over the balcony of the flat of Sarah Halimi, a Jewish woman age 66, tortured her, and then threw her over the balcony to her death. Traoré appeared to be in a state of religious excitation, for he was heard to shout “Allahu Akbar” and “I have killed Shaitan” (Satan). There is no doubt that he was psychotic at the time, or that his psychotic state was precipitated by his use of cannabis.
The court acquitted Traoré of any crime because he was psychotic when he committed the act, sending him instead to a psychiatric hospital for 20 years. Its decision caused widespread public alarm, repugnance, and derision. But from the strictly juridical point of view, the court might have been right. According to the French criminal code, a man is not to be held criminally responsible if his “discernment”—his judgment—is abolished by a psychiatric or neuropsychiatric state. The code does not make voluntary intoxication an exception to this rule.
Of course, what constitutes the abolition of discernment or judgment is itself a question of judgment. Traoré knew, for example, that his victim was Jewish (she was the only Jew on the block, and he knew this in advance); he also knew that he was killing her. He must have had at least intermittent awareness of his illegal act, for at one point he shouted that there had been a suicide and that the police should be called. On the other hand, it is unlikely that he would have acted as he did had he not been psychotic.