Will Jared Loughner escape death penalty with insanity defense?

It is true that the insanity defense is a very tough one to use. The odds of it being successful are very slim, and it is sometimes used as a last effort to escape capital punishment.

Jared Loughner is entitled to the best legal defense that is available. That is his right, under the 6th Amendment to our Constitution. Arizona allow for capital punishment (death penalty) for 1st degree murder with mitigating factors.

Although I have no idea which defense he will use, he seems to be a prime candidate for an insanity defense. I have seen many insanity defense cases fail, and it is usually pretty easy to tell if a defendant is faking it.

But this guy is certified mentally ill, imo. He is not faking his illness.

What are his chances with an insanity defense?

reply to post by mishigas


If he hadn't shot a congress woman? Pretty good.

But since he did? Pretty bad.

Depending on his mental illness, he may deserve the insanity defense. Im sure some people will object to the notion.. but indeed some mental illness renders people incapable of being responsible for their own actions.

But Mental illness is a broad stroke term.. The key is if he had a disorder that caused him to suffer hallucinations or dellusions that led to the shooting.

reply to post by mishigas


I hate this situation. Insane or not he deserves to be removed from humanity. He ended a life and inflicted an amount of damage I can't even wrap my brain around. The 9 year old who died speaks volumes to my soul. Death sentence. Flame me all you want.

I don't care if someone is insane or not, if they used a gun(or a knife, or their hands) and killed people, they need to be executed right away.

GOD.. I am so holding back my true thoughts about this guy and how he should die.

In most states when you get found not guilty by reason of insanity, they send you to the nuthouse and later on down the road if you become sane again, then you get released.

On FOX last night they were talking to the prosecutor handling Loughners case and she said that in Arizona, if you are found to be insane, they send you to the nuthouse to serve whatever time you have coming, and if the day comes that you are deemed sane again, instead of being released, you go straight to prison to serve your remaining time, which means he won't get out through a loop hole in the law.

This is one time that I wish we were under the law of Frontier Justice. This guy should have been executed the same day he executed 6 people. That would have been justice....

eta; If he is deemed insane and they give him the death penalty, he will either die in the nuthouse, or he will be executed. He will never be free again either way..

I doubt it, he has 5 federal charges 2 death of a federal employee, 2 attempted murder of a fed employee, 1 attempt to assassinate a Congress person. This is without state charges that will be filed, along with domestic terrorism from Homeland Security.

Az is a death penalty state, granted they don't it that often 22 people since 1976, but I'll bet my bottom dollar they get rid of him.

reply to post by kennylee


You seem so quick to over ride the constitution when you deem fit.

It would not have been justice to execute him the same day (Unless killed in a shoot out, but this is not an execution.)
You cannot sentence a man to death without a charge, and you must prove that charge by a trial.
Although there is no expectation to a fair trial for this man anyways given the publicity of the event.

Absoultely no. Anyone committing such a crime does not have full control of their mental facilities. Should all murderers be innocent by reason of insanity? The insane thing is that there is an insanity defense in the first place.

reply to post by sligtlyskeptical


Agree.

reply to post by sligtlyskeptical


Some people cannot control their own actions, not in fault of their own.

How can you legally assist in your own defense when you believe that the judge is Satan and the Jury is A collection of over lord aliens?

Insanity defense is taking into account not people who were off their rocker, but were so damn insane that they could not even comprehend the world around them.

It's easy to point fingers at others, and criticize when you yourself have not had to deal with mental health issues, or have seen someone who has.

reply to post by sligtlyskeptical


Some people cannot control their own actions, not in fault of their own.

How can you legally assist in your own defense when you believe that the judge is Satan and the Jury is A collection of over lord aliens?

Insanity defense is taking into account not people who were off their rocker, but were so damn insane that they could not even comprehend the world around them.

It's easy to point fingers at others, and criticize when you yourself have not had to deal with mental health issues, or have seen someone who has.

The government covers it's tracks.

MK-Ultra one time use assassins all end up dead one way or another.

First of all. I have no idea.

(besides the one right below)


But from what I can tell sitting behind a computer and a television. I do not think he would choose the insanity defense.

It all depends on how he perceives the level of importance, the relevance to society, and the purpose of his actions.

Edit: Realized a contradiction.

He seem to had plan is mass killing. So he is not insane i think !


And i find prison for life worst then death.

Death penality only become "good" if you believe in Hell and Heaven. If death, just end his life. I mean, he doesn't care !

Living a life in prison seem more painful mentaly then death and then nothing. ( Even more slavery for prisonner ! I would 100% for that ! )

Of course Loughner is insane. Two minutes watching his Youtube channel and a three year old would recognize that dude is out of his tree.

The very nature of his act screams insanity. Sane people don't open fire upon crowds.

But legally the insanity defense isn't really about whether or not a person is insane. It is about whether or not the individual was capable of understanding the consequences of his actions. If Loughner knew people would die because of him, then he will not be found to be of diminished capacity. And I predict that the court will reject a diminished capacity defense.

Whether or not he gets the death penalty...

Well, unfortunately I think politics and political spin, one way or the other, will ultimately decide his fate. But I believe, death or not, Mr Loughner will never be allowed to be part of the herd again. And maybe a long life, in a tiny cell, sequestered away from general population and human contact might just be a lot more cruel than a quick death.

~Heff

If he is found guilty, which he obviously will, whether he is sane or not should be beside the point. What good does he do for society anymore? In what way will his presence benefit himself, tax payers, or those who will be required to help him? This man is broken and instead of trying to be fixed he took the lives of 6 innocent individuals attempted murder against a Congresswoman.

Our justice system will be failing its own name if they do not issue the death penalty for Loughner. All hope is lost for this man and even if it wasn’t, he doesn’t deserve that hope. So let us make this a learning lesson as well as a punishment, we need to make assistance to the mentally unstable more accessible. This entire event could have been prevented had proper actions had been taken by his parents, the schooling system, or even the sheriff who had been ignoring the threats this man had been making for awhile now.

Too many mistakes were made that have led to these deaths. It’s time to enforce the law on this man and help rescue those who need the assistance before this type of event occurs again.

reply to post by Hefficide


I don't think it's a question of whether he understood they would die.

I believe he did. Hence why he fired at those people.

Now. What he thought would be the result of the deaths is more important in my mind.

Either way, unless his disorder is treatable. Which it likely is. They cannot sentence him to the death penalty. Nor would he ever really make it, as they cannot execute an unhealthy man.

I've reviewed some of the posts by erad3 who is suspected to be Jeff Lougher..

and the man was simply just bonkers out of his mind. His posts speak to someone who is completely disconnected with reality, and very much remind me of videos I have seen of schizophrenics being interviewed.

reply to post by FreeQuebec86


You know on second thought.. I wonder; do we know if he planned it?

I think it's entirely possible that he was just carrying a gun and it was a random attack.

I think normally he would have a good chance of getting off on insanity. Given the way he writes, he sure seemed it.

But given how high profile it is, too many would like to see him face the death penalty. And if he was some MK Ultra victim, they will kill him anyway now he's done his job.

My prediction is that he will be killed, but not as a result of the death penalty. He may receive it, but he won't live long enough to see it.