There is NO CRIME COMMITTED as I have posted about the elements of actus reus and mens rea
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I also said he couldnât appeal; he canât appeal because the jury handed him what he asked for: NGRI.
The larger discussion, I think, is whether the jury as fact finders decided that the prosecution proved the elements of its case beyond a reasonable doubt. That is, if the jury would have found him guilty but got the finding of insanity.
From what DQHubby posted, and from the judges instruction to the jury, it is clear that NGRI is only the verdict of two things happen: the jury finds the prosecutor had met his burden, and the defense met their burden of establishing insanity.
The substance is the same in Canada and the US. To me, it is an issue of semantics whether you then call it âan acquittalâ as in the US, or ânot an acquittalâ. It is certainly something different from either straight âguiltyâ or straight ânot guiltyâ.
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Who has said he is âguiltyâ? No one.
He was found NGRI on two counts, and that is different from either ânot guiltyâ or âguiltyâ,
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I have not said out loud - That is not how this works, that is not how any of this works - so many times in my whole life until all this happened.
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But, again, itâs not. Under NJ law, Michael Barisone has been acquitted of all four charges.
The discussion here was not your larger picture, but whether or not he can appeal an acquittal, which he canât. Because heâs been acquitted.
Please note: this is specific to NJ law, where it matters. You canât generalize the US as one thing because 50 states have different laws, plus federal laws.
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I agree he canât appeal.
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Why would he appeal? He prevailed. In a way that just may be better for the civil case I would add.
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Right? Why would anyone want to appeal when they came out ahead??
It would be like the winner at a horse show saying, âI think the judge made a mistake. I should have been last in that class.â 
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I double jeopardy myself!!
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I think the question was whether he could appeal to try to get straight NG instead of NGRI. He canât.
To use your horse show analogy,
Blue = not guilty
Red = NGRI
Gold = guilty
He had to say before the trial whether he was going for blue or for red. He choose to go for red and got it. He cannot now appeal and try to get blue.
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Your thinking is defective as MB got a straight NOT GUILTY in regards to RGs related charge.
Now I get to watch you attempt to explain THAT.
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Nope.
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Itâs not difficult to explain. My post applies to the NGRI verdict he received for the two counts related to LK. On the two counts related to RG, he plead NGRI and received NG.
Four classes and he received two reds and two blues.
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Nope.
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Looks like MHM has replaced herself with a bot.
I like it.
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Donât you understand that it blows your statement to smithereens? You stated quite clearly that because MB pled insanity he could not get a straight NG and clearly you were wrong.
He pled 2 things - insanity and self defense.
So once again youâve been found to be wrong. And donât you go changing your post either.
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Thank-you MorganSercu, this is what I was looking for. https://www.njcourts.gov/notices/2020/n200812a.pdf
A simple acquittal means not guilty, the prosecution has not proven beyond responsible doubt that the defendant did the crime he/she was charged with. Defendant is free to go to with no conditions or penalties.
An acquittal by NGRI means the prosecution did prove actus reus, the commission of a guilty act but the defense was able to disprove menus rea, the presence of a guilty mind, because the defendant was insane at the time of the committing the guilty act. The defendant is not free and remains in custody, (should be at a psychiatric facility) to determine if and what treatment is required and conditions of release are needed.
An acquittal and an acquittal by NGRI have two different meanings and outcomes. They are not the same.
Yes, I was not thinking when I mused about an appeal as the defendantâs defense was insanity. Late nights and early mornings. Sorry, I am so tiresome to try to educate. Mentioned it to my colleagues some were finding me hard to educate and you gave us all a good laugh.
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NG there was a crime and the person did not commit it
NGRI there was in essence no crime because actus reas and mens rea were both not present due to a psychological condition.
@DQHubby physician heal thyself.
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We LOVE the police work in this incident. The police were busy saving my daughterâs life which was THE priority. One of the officers used something to help stop the bleeding. Since she almost bled out, this action in and of itself may have saved her life. If they spent more time collecting everything you all think they should, she would be dead now. She coded and was revived at least once and maybe twice.
When she got to the hospital, they had to give her so much blood that her internal organs started to swell which is when they had to cut her open from stem to stern so she could continue to breath and function.
Therefore, none of you should be speculating as to what the police âshouldâ have been doing or how Laurenâs family should feel about them.
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It seems to be a habit of your family to believe you have a right to insist on what others chose to think and say.
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