I was taking a lawyer’s view (or perhaps a policeman’s because that is my background).
A lawyers point of view and a policeman’s are quite different. Police Officers enforce the law and rarely care whether or not it is just. Lawyers on the other hand, question (and thereby strengthen, hypothetically…) the law.
It is precisely because he considers himself to be a religious man that I raised the issue of insanity.
The insanity plea is harder to sell when the act is premeditated. Even if you sold the idea that he was insane over a period of time, you’d have to show a developing pattern, possible, but not easy.
A lawyers point of view and a policeman’s are quite different.
No kidding!
Well, in this particular case I think the senior investigating officer, and the DA would have a similar view. Successful prosecution would require proving that one or more of the requirements for the set defence were not in place.
you’d have to show a developing pattern, possible, but not easy.
I have no doubt that this nutter had appeared to be crazy to many people on this subject for a long time before his offense. There would probably be witnesses from his church, his work place and his family, and he may have left written evidence in the form of hate letters, letters to the editor, threats, etc. He might even have been visiting an analyst. Who knows? No doubt he was part of a similarly-minded group. I think this would be one of the easier aspects of his defense.
A sane person would not believe that he has a right to kill anyone and if he felt that way he would seek counselling. It should not be too hard to get him to make an insane demonstration in the witness box by prodding him with questions about abortion. I doubt that his extreme views have changed since his arrest.
My original point was that people don’t become like this by accident. He was made that way by something that he experienced. Perhaps he even has huge guilt feelings about an abortion for which he was responsible. He must think God wanted him to do it. The negative influence of his church needs to be exposed. He may even have been a tool for some other extremist.
At his age he is probably a husband, a father, and a grandfather. Some people love him, and he deserves to be understood. I don’t think it would be a fair trial until they found out for sure why he did it.
RE: A different question. by Occams :: NR8 :: Show
A lawyers point of view and a policeman’s are quite different.
No kidding!
Well, in this particular case I think the senior investigating officer, and the DA would have a similar view. Successful prosecution would require proving that one or more of the requirements for the set defence were not in place.
you’d have to show a developing pattern, possible, but not easy.
I have no doubt that this nutter had appeared to be crazy to many people on this subject for a long time before his offense. There would probably be witnesses from his church, his work place and his family, and he may have left written evidence in the form of hate letters, letters to the editor, threats, etc. He might even have been visiting an analyst. Who knows? No doubt he was part of a similarly-minded group. I think this would be one of the easier aspects of his defense.
A sane person would not believe that he has a right to kill anyone and if he felt that way he would seek counselling. It should not be too hard to get him to make an insane demonstration in the witness box by prodding him with questions about abortion. I doubt that his extreme views have changed since his arrest.
My original point was that people don’t become like this by accident. He was made that way by something that he experienced. Perhaps he even has huge guilt feelings about an abortion for which he was responsible. He must think God wanted him to do it. The negative influence of his church needs to be exposed. He may even have been a tool for some other extremist.
At his age he is probably a husband, a father, and a grandfather. Some people love him, and he deserves to be understood. I don’t think it would be a fair trial until they found out for sure why he did it.