Machiavelli - this is simply a repeat of your logic that you can tell the level of sleep deprivation that Amanda Knox had on the late evening of Nov 5, simply by reading her letters.
You always twist. Always. There isn't a single logical statement where you don't attempt at least slight strain or twist. Now here it is reporting that I can "tell the level" of slep deprivation. It is a twist obviously; and it's also a good time to point out that the truth, about our actual disagreement, most times, is in terms of placing the burden of proof. On a topic such as an allegation or claim about "sleep deprivation", among other things (like responsability of police etc.), there is divide in our concepts of
burden of proof, and of
significance; me, for example, I am not even remotely interested in establishing the level of sleep deprivation of Amanda Knox. I would be satisfied in establishing that there is no evidence that a possible state sleep deprivation - hypothetical, any level - would be present in a degree of gravity of a kind that would compromise mental faculties. To the point of making a person become unable to will and decide. Police officers in that room were all sleep deprived. But I only consider causes that would be significant to infer severe mental incapacity, which would present itself with an array of symptoms, recognizable and lasting over a long period of time.
Think, Machiavelli, think. Of course it is in the section on mitigating factors. That's the whole point. Mr. Mignini attempted to paint the two students as first Satanic cultists, then sex-crazed sex-gamers, then vindictive lesson-teaching murderers, then the worse of all Mignini's theories - that they were so maladjusted that they killed for no reason at all.
This is a mass of falsehood. There were never Satanic cult claims, there was no pictureing or profiling "sex-gamers". Again, you ar twisting and inflecting bits into a picture along your likes. The elements that you are mentioning (albeit in a twisted way), by the way, have nothing to do with the psychopatological sphere: they are not clinical findings on personalities; instead, they only have to do with a theory of the motive.
They only have to do with the investigators hypothesizing possible moitives.
There is a slight difference between speculating a motive and making a clinical examination about personality disorders.
All of those theories go to mitigation, meaning that in Mignini's opinion he thought there should be none, and that they should have got life in jail, with long periods of solitary confinement.
Instead, after hearing ALL the pseudo evidence that Mignini entered as evidence, the trier of fact, Massei and the other judge and the six lay judges, even in the conviction court, found mitigating factors based on the fact that Knox and Sollecito were normal people, with no psychopathology at all.
No no, mitigation is one thing. But here you come to the point where you make the gross, basic mistake. Showing a very gross misinterpretation and ignorance of basics of the law principles.
Mitigation is NOT to based on being
normal people. Actually mitigation (or aggravation) CANNOT be based on being
normal or less normal individuals.
Mitigation or aggravation CANNOT be based on having a disease or a type of psychology (actully, only
mitigation can be based, sometimes, on the fact that the person suffers from a personality disorder causing fragility, if this affects the capability to intend and understand in some degree).
But in
NO case mitigation can be based on "being normal".
In NO case migitation or aggravation can be based on what people
are, or linking to their health or mental condition.
In NO case mitigation can be based on
not suffering from a disorder.
Actually, NO judge would ever, ever write about someone that he is "normal".
So, if you cite the paragraph about mitigation, by definition you automatically rule out that you are speaking about anything that would concern their being mentally healthy or sane.
Most notably, the Massei court rejected the theories of the prosecution, as ever changing as they were, all to speak against there being mitigating factors. Based on what Massei called a chance event, where the two students made one, uncharacteristic and only by chance, "choice for evil" as Massei put it, so these are the reasons why Massei found mitigating factors to be operative in this case.
It is absolutely false. It is almost the other way around. Massei did not found any glaring mitigating factor. Mitigation can derive from mental disorders which affect capabilities, but not from mental health.
Massei founded the mitigation factor on - among other things, including his discretional poweer - the fact that the murder was an isolated event in the lives of the defendants.
Which is something totally different from making a clinical assessment on their personalities.