No, that's not at all how an insanity defense works. The state has to prove THE CRIME beyond a reasonable doubt. If the defense wants to assert insanity, THEY must prove that. https://www.justice.gov/archives/jm/criminal-resource-manual-638-burden-proving-insanity-18-usc-17b#:~:text=%C2%A7%2017(b)-,Under%2018%20U.S.C.,by%20clear%20and%20convincing%20evidence. |
They have to prove that she is guilty of first degree murder. That is a crime the elements of which, in Mass., include "malice aforethought". They know there is some doubt about whether they can do that, which is why they have also charged her with strangulation and with assault and battery. Those are crimes whether or not you had "malice aforethought" when you did them. |
Thank you. Can we pin this post? I had a psychotic break during post partum depression following the birth of my twins. I did not qualify for more than a stabilization visit to the hospital but my husband stayed home from work for 8 weeks and my elderly parents came to live with us to provide 24 hour supervision. My inlaws paid for a night nurse for the babies for 8 weeks. My husband is a doctor and he realized just how serious this was. Who knows what would have happened otherwise. If you knew me as a woman before or after this episode you would never in a million years think me capable of it. Even when I was going through it (directly before and after the episode of psychosis) I was moving through life: breastfeeding, taking the babies to the pediatrician, going on long walks. It wasn't like I was drooling or ragins or muttering or looking "off" or insane. Nothing of the sort. |
Gross, no, and no one is passionately defending her personally in the way that you're suggesting. Repulsive. |
I posted one thing. A continuous cut and paste from the link I posted. From the NIH. She will be declared fit to stand trial because that only refers to her ability to understand the legal proceedings and assist in her defense. If she and her attorney then decide to go for an insanity defense at the time of the murders, they will need to offer proof that is not just "well, my client says she was crazy when it happened and she's really sorry." |
I’m so sorry this happened to you pp. I agree the misinformation and lack of understanding on this thread is astounding. |
This isn't about fitness to stand trial. It's about whether they can prove her guilty of murder, a crime that has malice aforethought as an element. |
I understand that you cut and paste one thing from the NIH. But it is a piece of text that contains two conceptually distinct pieces of information: one about warning signs, many of which she probably had, and the other about symptoms, some of which are consistent with her having committed these acts. You're asserting that she "didn't have any of these," but there is actually pretty good reason to think that she did have these warning signs and may well have had these symptoms. |
https://dictionary.law.com/default.aspx?selected=1198#:~:text=malice%20aforethought,for%20the%20lives%20of%20others. She definitely had malice aforethought. When you strangle someone with an exercise band for several minutes, you definitely know they are going to to die. |
We actually do this quite regularly. |
You should watch the video of today's hearing. The prosecution is definitely asserting, with evidence, that she had none of these symptoms or warning signs. Not me, the prosecution. |
We might call them crazy in conversation, but we don't excuse their crimes or let them out of jail. Brian Kohberger murdered 4 college students with a military knife - is he criminally insane because his crime was so shocking? |
Do we know if she definitely had PPD? Or if she had a history of mental illness prior to pregnancy? |
Before the psychosis hit, were you experiencing the more typical symptoms of PPD? |
Many people would say so. But the defense only needs one person who thinks: this is so unthinkable that the odds that she did it with a guilty mind seem lower than the odds that she did it in a psychotic state in which her intent was not to kill, but to send her kids to Heaven (which--back to the question at the top of this thread--is what Andrea Yates thought she was doing). That person would also, potentially, be a juror who would accept that she met the elements of an insanity defense. But the juror doesn't have to get to a "not guilty" because they think the insanity defense was successful. They could also do so because they don't think the prosecution charged the right crime. That is almost certainly why the prosecution here has charged the lesser crimes as well. |