Just a few weeks ago, the jury in the highly publicized Aurora Theater Shooting trial found the defendant, James Holmes, guilty on all 165 counts against him. Now, neither the prosecution nor the defense ever doubted the Mr. Holmes was the one who committed the act on July 20, 2012. The defense never argued that he didn’t do it, just that he should be found ‘not guilty by reason of insanity.’ In examining all the evidence, witness statements, and expert testimony, the jury found the defendant guilty and the trial has proceeded to the sentencing phase, where the jury will be tasked with deciding whether to impose the death penalty or not. Even though the jury did not feel the defense proved that James Holmes was insane at the time of the event, let’s look into the insanity defense, and the part it plays in Weld, Morgan, and Logan County and District Courts.
The Definition of Insanity in Weld County
Insanity is defined under C.R.S. 16-8-101.5 as:
(a)A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or
(b) A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions because, when the act is induced by any of these causes, the person is accountable to the law.
Why is the insanity distinction so important? Well, C.R.S. 18-1-802 (2) explains:
Basically, if a person was truly insane at the time of the offense, they should not be held responsible for their actions in the same way a sane person would. This does not get the person off the hook. When a finding of insanity is entered, the person is committed to a psychiatric hospital for an indefinite amount of time.
Do you have a valid claim for Insanity with your criminal case? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Do you have a valid claim for Insanity with your criminal case? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
How a Lawyer Can Help You with Your Insanity Case in Greeley
As criminal defense attorneys in Greeley, Windsor, and Evans, it is our role to explain to the jury the extent of our client’s mental illness and the part it played in the commission of the crime. We use expert testimony from well-respected medical professionals and work to show the jury how irrational our client’s thinking and conduct was at the time. It is a tough defense, as many have overused it in situations where they were caught red-handed committing a crime and they feel they have no other defensive options. Because of its overuse, juries tend to be skeptical of the Insanity defense. For people truly suffering from a mental condition, the Insanity defense is vital and we work tirelessly to protect the mentally ill.
If you or someone you love has a valid claim for Insanity, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free consultation. Together, we can protect your future.
Image Credit: Pixabay – succo