britexpat - "My point in our earlier discussions was that there are too many grey areas and IMHO as an ordinary citizen, it seems all too easy for lawyers to use "diminished capacity" as an excuse to get their clients off."
- Yes and no.
Yes, because it's the easiest way to stay out of prison (or the gallows, depending on which jurisdiction) and buys time while things change. AND, as Mandi said, "it is quite possible he could benefit enough from medication to be subsequently declared mentally competent and be let out."
No, because there are strict legal principles to adhere to in proving diminished capacity and it's not that easy to prove. You need expert evidence - and you can attack the "expert's" credibility and experience.
"Eg. Two forensic psychiatrists have testified Li suffers from schizophrenia and was under the thrall of auditory hallucinations"
- How many years experience? Exact same field or different one? Specifically any experience in auditory hallucinations or mere analogies? Actual experience dealing with Schizos? Hands on or merely supervisory? Previous conduct - exhibiting symptoms of schizophrenia as early as 2003.. specific details are crucial.
"This is a man who has been observed 24 hours a day,"
- Observation for how long? I think people can keep up pretenses for more than a year. Isn't there a scientific test to diagnose the problem - the lack of certain chemicals in the brain that causes episodes? The medical reports - the details are important.
Basically, whether those principles to ascertain the cogency and weight of evidence have been adequately followed would be the grounds for attack.
"the guy was on the bus prepared to commit this crime, it was not a whim. He brought along a plastic bag to take pieces of McLean home to eat later....Although, granted that doesn't prove that he realized what he was doing was wrong"
- that's precisely the point. My heart goes out to the family but if the medical reports show cogent evidence of Schizo - unfortunately, there will be no mens rea, thus not murder.
Senseless killings are tragic. We protect ourselves and our loved ones as best as we can but at the end of the day, some of us leave everything to a higher power. What would I do in their situation? Fight all out until every avenue I can see is exhausted and if I still can't win, then I would let it go. What goes around, comes around. Retribution comes in this life itself.
/Why don't I leave things in the first place? Because God gave me a brain and some abilities so I use it as best as I can, while busy praying at the same time. Actually, pray first, then jump in. When I can do no more, I leave things be.
//Ok. Last edit. Goodbye thread
*****************************************
Don't want no drama,
No, no drama, no, no, no, no drama
britexpat - "My point in our earlier discussions was that there are too many grey areas and IMHO as an ordinary citizen, it seems all too easy for lawyers to use "diminished capacity" as an excuse to get their clients off."
- Yes and no.
Yes, because it's the easiest way to stay out of prison (or the gallows, depending on which jurisdiction) and buys time while things change. AND, as Mandi said, "it is quite possible he could benefit enough from medication to be subsequently declared mentally competent and be let out."
No, because there are strict legal principles to adhere to in proving diminished capacity and it's not that easy to prove. You need expert evidence - and you can attack the "expert's" credibility and experience.
"Eg. Two forensic psychiatrists have testified Li suffers from schizophrenia and was under the thrall of auditory hallucinations"
- How many years experience? Exact same field or different one? Specifically any experience in auditory hallucinations or mere analogies? Actual experience dealing with Schizos? Hands on or merely supervisory? Previous conduct - exhibiting symptoms of schizophrenia as early as 2003.. specific details are crucial.
"This is a man who has been observed 24 hours a day,"
- Observation for how long? I think people can keep up pretenses for more than a year. Isn't there a scientific test to diagnose the problem - the lack of certain chemicals in the brain that causes episodes? The medical reports - the details are important.
Basically, whether those principles to ascertain the cogency and weight of evidence have been adequately followed would be the grounds for attack.
"the guy was on the bus prepared to commit this crime, it was not a whim. He brought along a plastic bag to take pieces of McLean home to eat later....Although, granted that doesn't prove that he realized what he was doing was wrong"
- that's precisely the point. My heart goes out to the family but if the medical reports show cogent evidence of Schizo - unfortunately, there will be no mens rea, thus not murder.
Senseless killings are tragic. We protect ourselves and our loved ones as best as we can but at the end of the day, some of us leave everything to a higher power. What would I do in their situation? Fight all out until every avenue I can see is exhausted and if I still can't win, then I would let it go. What goes around, comes around. Retribution comes in this life itself.
/Why don't I leave things in the first place? Because God gave me a brain and some abilities so I use it as best as I can, while busy praying at the same time. Actually, pray first, then jump in. When I can do no more, I leave things be.
//Ok. Last edit. Goodbye thread
*****************************************
Don't want no drama,
No, no drama, no, no, no, no drama