Posted by Mitchell on March 12, 2002, at 20:16:06
In reply to Re: Andrea knew what she was doing » Mitchell, posted by Zo on March 12, 2002, at 1:38:12
> Knows she/he is doing wrong in that moment?
Yes, Brawner and Ali, as I appreciate them, stipulate an appreciation of the "criminality" of the act *at the time it was committed*. This time thing is a tricky concept though. It does not imply that one is conciously thinking all the while, "this is wrong, this is wrong." Most of our appreciation of the world at any given moment is subconscious. Consider a trip from New York to California. All along the way, each moment, one does not think "I am going to California". One subsumes that thought in the subconcious while concsciously thinking about everything else under the sun. But the direction of the effort is determined by deeply held ideas.
> As has been the case with other mothers who kill their chldren, this person believed she was saving them. Not only is this pyschotic. . but also, it seems to me, far different than the wrongdoing of murdering someone for the thrill of it, for money, for any of the other slimy motives. Does this seem to idealistic?The Durham case established a standard by which psychosis alone was sufficient to net a not-guilty verdict. It said if the acts resulted from insanity, the defendant was not criminally liable. I don't think it lasted long in appeals courts. Some of the mitigating factors, such as psychosis or thrill killing, can influence sentencing decisions in some states. She could be assigned to a mental hospital instead of a prison, even if she is found guilty but is obviously insane. If she knew it was a criminal act, but thought the law was less important than her own understanding of right nad wrong, she should be found guilty, under Brawner or Ali standards, IMO. But it is not about what I think should happen, it is about what is the law in Texas, and how jurors will understand the law as it relates to criminal culpability of mentally impaired defendants.
poster:Mitchell
thread:19491
URL: http://www.dr-bob.org/babble/social/20020305/msgs/19714.html