I think many here do not understand what has to be proven by the defense in order to be successful with an insanity plea.
Iām really not so sure that diminished capacity, delusions, and amnesia are by themselves proof that someone did not know that it is wrong to shoot someone. Plenty of people suffer from those afflictions and donāt shoot people, so there has to be another step after proving that those things were true to show that MB didnāt know it was wrong to shoot LK.
Pictures of someoneās head and/or partial unconsciousness cannot prove that the person did not know it is wrong to shoot someone. Hiding in bushes does not prove that someone did not know it is wrong to shoot another person. Blunt force trauma does not prove that someone did not know it is wrong to shoot someone.
Many people have suffered all of the above and as a result did not think it is ok to shoot someone. If this was all it took to prove insanity, everyone accused of a violent crime could claim insanity due to fear and they all would be acquitted. My question still stands: how does a lawyer prove that his client did not know that it was wrong to shoot someone? Maybe we will find out the answer, or maybe MB will go to jail for a very long time. Or maybe something in between.
Silly. I thought you would be happy I read your post and thought it was funny. Please see my second post right under this one. Itās the military wiki one.
Oh gosh dang it. Here I was thinking of a DMing you to ask when you served, your branch of service, MOS, and where you were stationed. I love the Captain America comment.
You must have much better cell phone service than I do most of the time. Iām glad if I can hear the other person speaking to me, never mind any background noises.
I would also think the credibility of the alleged earwitness would depend a lot on who it turned out to be.
Iām really not - how do you think that a picture of someoneās head, or any of the rest that you quoted here, proves that person did not know it was wrong to shoot someone? I am honestly curious; I have worked extensively in root cause analysis and I just donāt see the direct connection between any of those things, in and of themselves, and being declared insane by NJ lawās definition. I am honestly asking you to explain it.
Do you really think that MBās lawyer can present to the jury a picture of his bloody head and say, āsee, he was insane!ā, and they will look at the picture and think to themselves, āwell his head has blood on it, clearly he did not know it was wrong to shoot someoneā?
Ha! I was always happy we were only required to familiarize with the 45, unlike the 22 Beretta and M16 with which we had to qualify. Although quite adept with the 22 and M16, Iām positive I couldnāt hit the proverbial broad side of a barn with a 45. Hate those things.
Well, youād hear the gun shots easily enough. I was assuming it would be easy to distinguish between muffled conversation vs muffled grunts and scuffling.
I think the leading candidate for the ear witness would be LKs lawyer negotiating the departure.