re: Thoughts on trying the mentally insane

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Well the trigger man in the Betty smothers murder in the early 90's. Says he is insane, yet he had scoped out when the bank deposits were made and planned the whole thing. An insane person would not have the capacity to plan something like that out.

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You are confusing legal insanity and "common-usage" insanity. Genuinely psychotic people aren't flailing around in the streets shrieking their heads off. Delusional people can frequently "look normal," but harbor very bizarre, paranoid beliefs. Planning has nothing to do with the defense of insanity. Although the statutes vary by state, a successful insanity defense typically requires that a mental illness was directly related to a defendant's understanding of right and wrong.

Being "crazy" isn't enough.

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Just like the Colorado theater shooter. How could he be insane??? He rigged his apartment to blow up anyone who went there. Too many convicts are trying to use this.

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Uh, he wasn't found NGRI. His case illustrates my point, however. James Holmes was psychotic as hell at the time of the crimes, but his mental illness in no way impacted his understanding of right vs. wrong. Result? He'll die in prison. The system usually works.