Barisone Aftermath: Not Guilty By Reason of Insanity, And Then

[DQHubby]

Why did the jury not find MB not guilty? That is the question to be answered. Why is the verdict not guilty?

[Seeker1]

My daughter is not banned from my house.

[Knights_Mom]

@Seeker1

My daughter is not banned from my house.

So why didn’t she recuperate there?

[Scribbler]

@Seeker1

My daughter is not banned from my house.

QFP

[Seeker1]

What does qfp mean?

[Knights_Mom]

@DQHubby

Why did the jury not find MB not guilty? That is the question to be answered. Why is the verdict not guilty?

You should probably ask the jury but I have a sneaking suspicion it might have something to do with not being guilty as far as RG straight away and the LK part being more of a jury split so this was the agreement the jury came to.

[KurPlexed]

@Sdel

Well, I implore y’all to consider this:

If Seeker is mommy, then is it that much of a leap to think that LK probably has the password? It seems the post count is a little out of whack with the historic pattern of mommy’s posts….and it seems the move into more direct insults and other delusions are breaking into someone else’s pattern as well

Apple/tree

[DQHubby]

LOL, we are at a stalemate. If he was not guilty, then he would have been found not guilty. He did the guilty act and due to mental incapacity, insanity , the jury found him to be not responsible for his guilty act and thus the NGRI. Now he can get treatment instead of being incarcerated and not have a felony conviction on his record.

[Knights_Mom]

@Seeker1

What does qfp mean?

Quoted For Posterity.

Your daughter had this pesky habit of deleting and editing posts to such a degree that everyone got into the habit of preserving the posts this way and with screenshots.

This way when your daughter would inevitably lie she would be caught.

This was highly successful.

[Knights_Mom]

@DQHubby

LOL, we are at a stalemate. If he was not guilty, then he would have been found not guilty. He did the guilty act and due to mental incapacity, insanity , the jury found him to be not responsible for his guilty act and thus the NGRI. Now he can get treatment instead of being incarcerated and not have a felony conviction on his record.

There is no guilty act because no crime was deemed to have been committed.

[hut-ho78]

@Knights_Mom

@hut-ho78

@Knights_Mom

@hut-ho78

@Knights_Mom

@DQHubby

Have read it. Have you read the charging instructions to the jury and/or the New Jersey Court Directive #21-20 Criminal - Procedures for Defendants Found Not Guilty by Reason of Insanity
(NGRI) and other Commitments Resulting from Criminal Proceedings? Post 216.

Barisone did do the commission of a guilty act, actus reus, but was also found to be insane at the time of the actus reus, thus no menus rea. If his jury believed he didn’t do the commission of a guilty act, he would have been found not guilty.

IMHO, I agree with the jury’s verdict. I hope he gets the mental health help and tools to prevent any further breaks with reality.

He WAS found Not Guilty. NGI is not guilty due there not being the elements needed to define it as a crime.

If he were found NG, he would be out. Big difference between NG and NGRI.

We’ve been through this and I’ll repeat in some respects NG due to insanity is better.

I don’t think so unless one act offsets another. Everything I find online seems to indicate being found NGRI in a criminal trial has nothing to do with liability in a civil trial.

I guess we shall see!

But at the very least: MADE YA LOOK!

Seriously, I think it’s better.

Ok. Will find out with the trial. I’ve been looking. This whole situation is just very strange to me.

[hut-ho78]

@DQHubby

LOL, we are at a stalemate. If he was not guilty, then he would have been found not guilty. He did the guilty act and due to mental incapacity, insanity , the jury found him to be not responsible for his guilty act and thus the NGRI. Now he can get treatment instead of being incarcerated and not have a felony conviction on his record.

Welcome to my world.

[Seeker1]

Why are u so angry knights mom?

[hut-ho78]

@Knights_Mom

@DQHubby

LOL, we are at a stalemate. If he was not guilty, then he would have been found not guilty. He did the guilty act and due to mental incapacity, insanity , the jury found him to be not responsible for his guilty act and thus the NGRI. Now he can get treatment instead of being incarcerated and not have a felony conviction on his record.

There is no guilty act because no crime was deemed to have been committed.

The state proved the act was committed beyond a reasonable doubt. The defense proved it was not a crime due to insanity by a preponderance of evidence.

[smoofox]

@Knights_Mom

My family is looking better and better.

My family is a complete snoozefest. The only problematical one married into the family via my cousin… and even he is rather tame compared to what we have seen laid out here in assorted threads.

Everyone has always held themselves accountable for any minor issues they may have caused, accepted full responsibility etc.

Sometimes, boring is good. No - great!

[Aurora58]

If a MB asked her to leave because things were not working out, I just don’t understand why your daughter wouldn’t leave. Why would anyone stay when they are not welcome anymore? If I had recordings of an alleged “murder plot”, I would be high tailing it out of there to anywhere my horses could be housed temporarily until better accommodations could be made. Why did she stay is the billion dollar question. Why did she up the ante by calling FM/BI/SS resulting in CPS coming if she was afraid of the murder plot? It is the classic question of “who does that?” I just don’t understand the staying part especially after the recordings of the alleged murder plot. It makes no sense to me and many others. None of this would have happened if she just left like a rational person.

[Knights_Mom]

@Seeker1

Why are u so angry knights mom?

I’m not angry just curious why you won’t answer why your daughter had to go to a hotel room and not your home after being shot.

I’m not angry I’m just not used to watching someone so ignore the actions of their daughter who has learned and has a modus operandi of going through life in a constant state of drama, existing by threatening and demeaning others while lying through their teeth.

[Knights_Mom]

@hut-ho78

@Knights_Mom

@DQHubby

LOL, we are at a stalemate. If he was not guilty, then he would have been found not guilty. He did the guilty act and due to mental incapacity, insanity , the jury found him to be not responsible for his guilty act and thus the NGRI. Now he can get treatment instead of being incarcerated and not have a felony conviction on his record.

There is no guilty act because no crime was deemed to have been committed.

The state proved the act was committed beyond a reasonable doubt. The defense proved it was not a crime due to insanity by a preponderance of evidence.

That is not at all what happened.

[DQHubby]

Then why does the New Jersey Model Criminal Charges for Insanity say to the jury ‘If you find that the State has proved beyond a reasonable doubt all the essential elements
of the offense and the defendant’s participation therein, and if you also find that the defendant
has not established the defense of insanity to a preponderance of the credible evidence, then you
must find the defendant guilty of the offense.
If you find that the State has proved all the elements of the crime and the defendant’s
participation therein beyond a reasonable doubt, and if you also find that the defendant has
established the defense of insanity by a preponderance of the credible evidence, your verdict
must be “not guilty by reason of insanity” and you shall so report and declare your verdict.’

Where does it say that the defendant didn’t participate in the offense that was charged and if you (jury) also find the defendant has established the defense of insanity …, your verdict must be “not guilty by reason of insanity”…’? Answer, no where.

[Knights_Mom]

@DQHubby

Then why does the New Jersey Model Criminal Charges for Insanity say to the jury ‘If you find that the State has proved beyond a reasonable doubt all the essential elements
of the offense and the defendant’s participation therein, and if you also find that the defendant
has not established the defense of insanity to a preponderance of the credible evidence, then you
must find the defendant guilty of the offense.
If you find that the State has proved all the elements of the crime and the defendant’s
participation therein beyond a reasonable doubt, and if you also find that the defendant has
established the defense of insanity by a preponderance of the credible evidence, your verdict
must be “not guilty by reason of insanity” and you shall so report and declare your verdict.’

Where does it say that the defendant didn’t participate in the offense that was charged and if you (jury) also find the defendant has established the defense of insanity …, your verdict must be “not guilty by reason of insanity”…’? Answer, no where.

@ekat and others have explained this and even recited case law which prevails.