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| -Lurid Crime Tales- |
| Loughner Update - A Primer On The Insanity Defense |
| 2012-01-19 |
| Loughner, 23, is charged with 49 felonies arising from the Jan. 8, 2011, shootings. In the context of criminal cases, incompetent and insane are legal terms, not diagnoses. Incompetent means that a defendant is unable to understand the court proceedings and is unable to assist his or her attorney. A defendant cannot go to trial unless competent. If a court finds a defendant unable to be restored to competence through mental-health treatment, the charges are dropped and the defendant is generally committed to a mental hospital. Insane, by contrast, means that a defendant was not aware what he or she did was wrong at the time the crime was committed. And, though it seems a paradox, a defendant can be seriously mentally ill and still be sane and competent. And though, so far, Loughner has been found incompetent to stand trial, the court's expectation is that he can be restored to competency within "a reasonable" amount of time. Given the high profile of the case, "reasonable" could take quite awhile. Insanity, meanwhile, will be difficult to prove in Loughner's case. In most criminal cases, prosecutors must prove beyond a reasonable doubt that a defendant is guilty. In order to be found not guilty by reason of insanity, as the federal verdict is known -- Arizona and other states call it guilty except insane -- the onus is on the defendant. Defense attorneys must convince a judge or jury that the defendant is insane. By all accounts, Loughner is seriously mentally ill, but the evidence that has come to light so far suggests he did a great deal of planning and reasoning in carrying out his attack. He researched the death penalty and life imprisonment. He said goodbye to his friends. He talked his way out of a traffic ticket on the day of the shootings. Juries could interpret those acts as premeditation. Unless found not guilty, Loughner will likely spend the rest of his life in some form of incarceration -- a prison mental-health unit or a mental hospital if he is found incompetent or not guilty by reason of insanity, or on death row if he is convicted. The insanity defense, which, contrary to popular perception, is used in fewer than 1 percent of all criminal trials, is only successful about a quarter of the time it is used. It's also important to note that Muslims frequently use the insanity defense elsewhere to evade punishment for their violent crimes. America, however, faced with a spate of insanity pleas in the 1960s, tightened up the rules so much that it is a loser gamble. And even if you win, you lose, because incarceration often involves being placed in a drug induced coma for 23 hours in a day, for the rest of your natural life. |
| Posted by:Anonymoose |
| #5 Overstated, Anonymoose. Neuroleptic drugs such as Zyprexa, Abilify, Seroquel, Risperdal, Clorazil and Geodon cause tardive dyskinesia CAN cause tardive dyskinessia after chronic use - but often don't. There are many long time users of Seroquel and Risperdal that have no such side effects. Abilify's newer on the market. Clorazil has been a godsend to some schizophrenics who aren't helped by other drugs, but it does have significant potential side effects. |
| Posted by: lotp 2012-01-19 18:24 |
| #4 Scooter: Legally, the Supreme Court decided that the mentally ill may be forcibly treated in an effort to restore their competency for trial, but states are free to do so during detention in a state mental institution. Typically this involves administrating anti-psychotic medications called neuroleptic drugs. However, because such institutions are chronically understaffed, other drugs are used to achieve even greater passivity, though this is unethical. Neuroleptic drugs such as Zyprexa, Abilify, Seroquel, Risperdal, Clorazil and Geodon cause tardive dyskinesia, which impairs their ability to walk and talk and causes uncontrollable facial twitches and drooling and rigidity of muscles and movement; neuroleptic malignant syndrome which causes muscle stiffness and rigidity, irregular heartbeat, high fever, high blood pressure, psychomotor inertia and, in some cases, death; shrinkage of the brain cortex (the seat of our reasoning abilities); reduced life expectancy; impaired immune system functioning; and increased risk of pituitary cancer and diabetes. That is, by themselves they often greatly incapacitate the inmates. But add to that other drugs that tranquilize or are hypnotics and they in effect become comatose and far easier to maintain and manage. The "23 out of 24" rule permits them the coherence to become conscious enough to eat and defecate, the purpose of which is to again, reduce staff work. The whole system, nationwide, is pretty hideous, and even those who care about the mentally ill soon decide for the most part, it is better to let those that handle it do so, and to not think about it too much. |
| Posted by: Anonymoose 2012-01-19 13:41 |
| #3 ...or a member of the MSM. Then again one doesn't exclude the other. |
| Posted by: Procopius2k 2012-01-19 12:39 |
| #2 Defense attorneys must convince a judge or jury that the defendant is insane. "Your Honor. The defendant actually believes President Obama and Nancy Pelosi, that 'extending unemployment benefits creates more jobs than building the XL pipeline'. Clearly, he is insane" |
| Posted by: Frank G 2012-01-19 12:15 |
| #1 >"incarceration often involves being placed in a drug induced coma for 23 hours in a day, for the rest of your natural life." Please elaborate. I never heard of this. Any links to support??? |
| Posted by: Scooter McGruder 2012-01-19 10:31 |