I mean it also helps that he was tried in Texas where they don’t believe in mental health exceptions. She’s being tried in Massachusetts, which has a very different political climate.
Also, in Texas, the burden of proof for insanity is on the defense. In Massachusetts, burden of proof is on the prosecution. His defense had to prove he was insane when committing the crime while her defense just had to poke holes in the prosecution’s case.
This seems way more sensible to me. I understand if the actual underlying crime should be innocent until proven guilty but if you are insane that specifically should be a higher burden of proof .
That's actually not how it works in the US when it comes to affirmative defenses (including insanity). The Supreme Court has explicitly ruled that it is legally permissible for states to put the burden on the defense. See Patterson v. New York, 432 U.S. 197 (1977); Leland v. Oregon, 343 U.S. 790 (1952).
You were the one claiming the prosecution bearing the burden was a requirement of the American system. I pointed out that it isn’t. “Permissible isn’t required” doesn’t rebut anything I said. It just retreats from what you originally claimed.
That’s a fine argument IF it’s about if they did something or not, but this case everyone agrees she did it but the defence is she was insane. It’s the defence stating she was insane then they should have to prove she was otherwise everyone person who commits a crime can claim they were insane as a defense and force the prosecution to prove it.
Honestly an insane person is probably their own best attorney at proving they are truly insane. I would bet more than half of Pro Se plaintiffs on the civil side meet some definition of insanity.
Back when Colin Ferguson represented himself in court he was super articulate but there was a point where he tried to prove a conspiracy by saying he was charged with 93 counts only because the shooting happened in 1993. Had it happened in 1994 he would be charged with 94 counts and his attorney just sat there with his head in his hands.
Actually we are asking a person who is not insane to prove that they are insane. The default is not insane. You can't just say you're insane and be insane.
Oh wait, this reminds me of something something about participating in girls sports.
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u/500rockin 15h ago
I mean it also helps that he was tried in Texas where they don’t believe in mental health exceptions. She’s being tried in Massachusetts, which has a very different political climate.