It also states that even if the court-appointed examination in a mental facility finds Holmes insane, he could still be found guilty. Once again, the tone of the article is factual, although it does not really present the arguments of the two opposing sides in a complete fashion as to how Holmes might meet or not meet the Colorado definition of inanity. Another news article from CNN reveals that Holmes' psychiatrist was frightened by the information she received, and even went so far as to break client privileges by notifying the school where Holmes was still a graduate student. "When James Holmes' psychiatrist warned campus police at the University of Colorado how dangerous he was, they deactivated his college ID to prevent him passing through any locked doors" (Brumfield & Mungin 2012). The article offers a more complete picture of Holmes' relationship with his therapist, detailing how after their relationship was severed, he continued to send her frightening letters. The article takes the therapist's side to some degree, noting: "despite her warning and on top of the torment she's already endured, Fenton could face more than a dozen lawsuits that blame her and the school for improperly handling Holmes' treatment" (Brumfield & Mungin 2012). However, given...
The CNN article also contains a catalogue of the (legally obtained) stockpile of ammunition of Holmes. Overall the article -- like the other two articles -- is relatively conservative in its pronouncements about the likely sanity or insanity of Holmes, given the state of the case in the legal system. However, all three articles do present evidence which could support an insanity defense, given the notable way Holmes' behavior was described at school and by his therapist as disturbing.
If someone is mentally weak in any way, such as those who would be eligible for the insanity plea, sending them to prison would be very dangerous indeed, for they would be more likely to be influenced into being worse criminals. Additionally, those with disabilities, physical or mental, are even more likely than the general population to the raped and sexually abused behind bars. Evidence shows that one out
The Insanity Defense: Exploring Legal and Ethical Dimensions Introduction The insanity defense is a controversial legal strategy that allows individuals accused of committing a crime to claim that they were not mentally capable of understanding the nature of their actions or distinguishing right from wrong at the time of the offense. This defense is predicated on the belief that individuals suffering from severe mental illness or disorder should not be held criminally
For example, there is currently a case in Florida were a 50-year-old woman shot and killed her teenage son and daughter. She said she did it because they were "mouthy" to her and she was tired of it. There is no word yet on whether she will plead insanity, but there is evidence that she purchased a gun days before the shooting occurred (Brennan, 2011). That could block her
This means that high-profile cases that successfully use the insanity defense will likely generate criticism of the plea, even in those instances where its application was justified. In this regard, Cromier reports that, "The details of the insanity defense is one area of the law that has been deeply impacted by specific cases (generally when the public backlashes against a defendant who has successfully used the defense)" (p. 130).
Criminal Insane Defense The insanity defense has been a topic of much controversy because of its perceived means of excusing someone from a crime that has been committed. Although much is perceived of the insanity defense as a way to avoid accountability, it is actually the least used defense strategy because of its extreme difficulty is proving it (Knoll & Resnick, 2008). Every individual is different, but someone trying to plead
Ethical Issues With the Insanity Defense Ethical Issues w / Insanity Defense The insanity defense may seem to have a distinct and real place in the legal world. However, defining who is insane, who is not insane, what the definition of insanity is, whether insanity is temporary or permanent, who should be liable and when and so forth are all burning questions that are extremely hard to answer in a scientific, dispassionate
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