arildno said:
A point I don't think has been discussed so far is the following:
Granted that Jared was insane, does it follow that he was criminally insane?
It seems very clear that as sure as anyone can be given this distanced situation, yes.
arildno said:
That is, had he lost his capacity for distinguishing between right and wrong in the legal sense?
It seems not, and even if he did that last post of his on facebook asking his friends not to blame him is DAMNING; he knew that he was about to do a bad thing. Legally, he's cooked.
arildno said:
After all, many persons might have delusions, but still know that they aren't allowed to harm people. Most insane are more of a risk to themselves than to others.
It's good to hear you say that, and it's true. Really, it's people with persecutorial delusions: the belief that OTHERS are attacking them, controlling them, etc... in various ways... who are one of a rare group of those most would call "nuts" who can lash out. They're afraid, ALL THE TIME... as anyone would be if they lost touch with reality, but that just makes them more of a threat if undiagnosed, and untreated.
The tragedy is, legally insane or not: DAYS... just DAYS of anti psychotic therapy could have brought him to his senses enough to ask for help... or at least give him the chance. Remember, in this country we pretty much lock up those who are criminals AND mentally ill; which does no favors to anyone, including correctional officers, and the general public (when those people, now crazy AND having been in prison) get out.
arildno said:
Personally, I think that in the legal sense, Jared must be considered sane.
When he posts an internet message saying "Please don't be mad at me", that is pretty good evidence that he knew that what he was about to do would be reprehensible in the eyes of others. Yet that didn't stop him.
Obviously I already agree, but if he hadn't killed anyone... let's pretend for a moment that he got close to Giffords, and was tackled before he ever got a shot off. Without the shootings... would this even be an issue? He'd never function in a prison GP, so it's death row, a mental health section if they have it, or administrative segregation (23 hours a day in a SMALL cell).
Don't be mad at me, I'm about to do a terrible thing.
Don't be mad at me, I have no choice.
Legally, they can inscribe either on his tombstone, but outside of the law that is no smoking gun. Psychotic doesn't mean: I am 100% of every moment, completely and utterly alone in my head... when that happens, you get catatonic psychosis.
arildno said:
That is quite different from the lunatic who becomes convinced his landlady is a vampire, sucking his blood every night, and in an act of what he regards as desperate self-defense, kills her.
It's less flashy, and because people with a psychotic disorder USUALLY don't believe their landlady is a vampire; they tend to become fixated on their own loss of ability to think, and express themselves. This leads to a very typical "THEY are controlling my mind!" delusion; it's the best they can reason from inside a mind that isn't working anymore. Remember also, that he's relatively young, and psychotic disorders often have a progression...
Anyway, he thought he was being watched... stalked by his best friend (with intent to kill him), and more. Beyond that, "vampire-landlady" is less a "DIFFERENT" kind of psychotic, than it is what you'd expect from someone who's much older and has been out of touch with reality far longer. I would add that you see that kind of thing a lot more in people who use amphetamines, or people in an extended and untreated manic phase.
arildno said:
Jared wanted to prove he was a man, who would crush the mind-controlling bastards, along with a few unimportant robots (like little Christina Green).
I don't think he ought to get away with a plea for insanity.
He won't, and I don't know about ought. As for proving, I think he did what virtually every psychotic person does if they lash out: they attack what they see as the root, or a representative of their delusions of being watched, hunted, controlled, etc.
If you TRULY believed that others were controlling your mind and FORCING thoughts on you, changing the world around you in terrifying ways... well... some people get angry... others curl up, some try to kill themselves, and others ask for help.
We're seeing the very endpoint of Loughner's undiagnosed and untreated life... and because of what he did, it doesn't matter in this country: he may avoid death if he completely breaks down to everyone's satisfaction, but otherwise he doesn't have a prayer. The last person anyone wants to hear from at times like this, in or out of court, seems to be the people who say: 'How do you blame crazy? Blaming a disease is like blaming Sarah Palin; it feels good, feels right, but it's not.'
If only most people with this kind of problem DID babble about landlady vampires... life would be a LOT easier.