Man Kills 2 Year Old Step-Daughter Over Crying During The World Cup

[cheerfulgreek]

Originally Posted by MysticCat

If you're not guility by reason of instanity, there is no "sentence" because you're not guilty. That doesn't mean you won't be involuntary committed to a mental institution.

There are two things that often get confused -- legally insane for criminal purposes and incompetent to stand trial. The law can vary from state to state on insanity.

For criminal purposes, insanity is a defense. Generally speaking, it means that the defendant, at the time of the crime, was unable to understand the difference between right and wrong, or more specifically that what he was doing was wrong, and therefore was unable to form the specific intent (mens rea) to do wrong that is necessary for criminal culpability.

As Drolefille says, you can't just say "I'm insane." Neither can a doctor. The jury has to be convinced of it.

Originally Posted by Drolefille

Because you don't get to just say "I was insane then, but I'm perfectly fine now." Mental illness is diagnosable and psychiatrists and other professionals are trained in diagnosis. Particularly ones who work with law enforcement. If someone claims the voices made him kill his brother, and shows no signs of psychotic or schizophrenic symptoms it's not going to fly.

And you have to convince the jury as MC said.

As for the not fit to stand trial, they usually get committed until they ARE fit to stand trial.
There are more mentally ill people in prison than "sane" people who dodge jail time with an insanity plea.

I remember two summers ago, where I used to work, we got into a discussion similar to what we're discussing here, and my boss told me that based on my views, I would never get picked for jury duty. And I've always wanted participate in something like that. I'm not sure how that process works. Who gets picked and who doesn't?

[carnation]

cheerfulgreek:In our county, registered voters end up getting jury duty through a drawing but they may not make it onto a jury after interviews. The lawyers each get to choose part of the jury based on answers to their questions. They might not want young mothers on a jury that will try a murderer of a young mother or child, for instance. Or someone who's had their identity stolen (like our DA ) on the jury trying someone who stole identities.

I've never made criminal juries, only civil because when the lawyers heard that I taught at one of the jails, they'd say, "NEXT!"

[cheerfulgreek]

Originally Posted by carnation

cheerfulgreek:In our county, registered voters end up getting jury duty through a drawing but they may not make it onto a jury after interviews. The lawyers each get to choose part of the jury based on answers to their questions. They might not want young mothers on a jury that will try a murderer of a young mother or child, for instance. Or someone who's had their identity stolen (like our DA ) on the jury trying someone who stole identities.

I've never made criminal juries, only civil because when the lawyers heard that I taught at one of the jails, they'd say, "NEXT!"

My boss told me the same thing. He used to tease about my views and he said after I was interviewed they would say "next" right after I answered the first question. lol