Monday, January 18, 2016

Guilty or Not Guilty by Reason of Insanity

     I am puzzled by the verdict not guilty by reason of insanity.  Many times a person known to be guilty pleads, not guilty by reason of insanity, but wouldn’t the plea be more accurate if it was guilty but with special medical considerations.  It seems like the insanity plea is over used.  Has the insanity plea become a crutch for everyone who does something violently stupid and is trying to minimize his or her punishment?  I am fully aware that a malfunctioning brain will allow you do things that you may not normally do but that doesn't qualify you as being not guilty but guilty with extenuating circumstances.  It’s insulting to the American public when a known mass murderer pleads not guilty by reason of insanity.  

     I do not believe that every person that commits a stupid criminal act should be allowed to use the insanity plea.  The defense will have their expert and the prosecution will have their expert and of course both experts will disagree with the other, siding with whoever is paying their fee, Surprise! 

      Lately the pleas by defendants have become more creative than not guilty by reason of insanity.  We now have cases where the defendant uses Auto-brewery syndrome defense (this is where a persons body brews their own alcohol), Zombie defense (your fear of Zombies is so real that you are not responsible for your criminal actions) & Affluenza defense (you were raised in a privileged environment and have no understanding right and wrong).  All these defenses are geared to show that you are not responsible for your actions and should be given lenience.

     Maybe it's time for the courts to establish a stupidity plea.  The defendant could choose to opt for the stupidity plea and receive a reduced sentence for their honesty.  On the other hand if you choose the insanity plea or one of the other creative pleas and are found not to be an insane drunk zombie raised by irresponsible parents but just stupid, then extra time would be tacked on to your sentence for lying.


     This might seem ridiculous and I agree but we need to start thinking out of the box like the defense lawyers.  “Just Saying….”


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