Defense Based on Insanity Will Be Difficult For Horrendous Crime in Colorado
by, 07-24-2012 at 05:16 PM (2872 Views)
Okay so it is clear and there is not a "whodunit" type legal case in the works here. It is clear that James Holmes unfortunately committed these horrendous crimes and massacred literally dozens of people, killing over a dozen people.
So the question is begged, if he us your client, how do you start, how do you defend him? A CRIMINAL DEFENSE LAWYER would essentially visit him in jail, explain to him that everything will be OK, regardless of the simple fact that he will not be able to handle this.
Secondly, and very crucial is that right from the get-go, a criminal defense lawyer will need to have him seen immediately by a psychiatrist. And third, I would tell him that from this point forward, I will be the person who does the talking. You do not open your lips, you do not say a word. Nothing anymore from you, the client.
Clearly, the thoughts evoked from Holmes in the courtroom are those of the joker from the batman movie which he interrupted with terror and killing. His hair was dyed orange, and this will become part of a defense. The reason for this is pure and simply based on the fact that the only option available to Holmes is an insanity plea.
So the case becomes finding out whether he's fit to stand trial. This kind of crime is the most horrible type. He killed, he destroyed, he tore so many people out of life and into death prematurely. He left wakes of destruction for miles around in every direction for the families of the people he gunned down. Not only that, but the total count of 58 individuals are also currently in hospital care for critical gunshot personal injuries. This is absolute and utter atrocity.
That said, the majority of states in the US have made their insanity plea requirements even more strict than the feds. This stems from cases such as when a man was let off on insanity, was subsequently released on good behavior, and killed immediately again. Then, once more, the insanity plea was attempted before a jury who was aware of the former trial and although the man was clearly insane, he was convicted despite this defense simply for the fact of not wanting to let a dangerous criminal back out onto the street ever again. This is just the fact of how this case should be expected to play out, and thank goodness that juries have the decency to put away killers with such a blatant disregard for life and happiness of people around them. They senselessly kill, and it rests on us that we don't senselessly let them plead insanity to kill again.