Posted by AuntieMel on February 7, 2006, at 13:26:49
In reply to Re: Interesting.... » AuntieMel, posted by Larry Hoover on February 7, 2006, at 9:53:49
Begging to differ, Lar. (I do live in the same town as the trial, 'ya know)
At the time there was no such thing as life withoug parole in our fair state. If convicted under criminal law they would have had choice of execution or a "life" sentence - which means parole - and the jury would not have been privy to how many years would have to be served before parole came up.
Though you are also right in that the jury - if they didn't already know that not guilty by reason of insanity meant commitment - were not told that she wouldn't go free.
But - the Texas law needs a little updating in the mental illness defense. "Right from wrong" is the *only* thing the jury is allowed to consider and any other mental problems are moot.
http://www.capitol.state.tx.us/statutes/pe.toc.htm
"§ 8.01. INSANITY. (a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his
conduct was wrong."--------------------
If I had been on the jury and I had made a decision under false pretenses - I'd be one ticked off mama, that's for sure. And you'd probably be able to hear me screaming all the way up there.
poster:AuntieMel
thread:605722
URL: http://www.dr-bob.org/babble/poli/20060204/msgs/607233.html