I suppose the solution may just be to give people a test to see if they have a tumor that, if removed, may cure them. If they don't, prosecute.
If no other medical condition has been found to conclusively cause aberrant behavior of this type then the theory that one might is probably legally irrelevant.
Surely we prosecute regardless. The victim at least deserves a trial be called, and the accused be judged by a jury of his peers. If those peers determine that he did it but it wasn't his fault, then let the punishment reflect that. To not prosecute is to say that it was OK, to reduce or remove the penalty is to say that it was wrong, but the accused had no ability to alter his actions (either by recognising the wrongfulness, or by resisting the temptation)
I'd still want a probation or parole system for the accused after surgery to ensure he wasn't just taking advantage of the built-in "get out of jail free card".
Cheers Russell C.
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