JMO
Here is my verdict of why I think JH should be found guilty of this crime. I dont mind whether the penalty is LWOP or DP but I do mind that the verdict should be guilty. And here is why I feel this way based on the CO law.
My understanding is if either of these tests would pass then he would be NG. I think he fails both these tests and the PT proved it.
#1
"The first test of insanity is listed in C.R.S. § 16-8-101.5(1)(a): "A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to the act is not accountable" (meaning the person is NGRI)."
-He fails this test because he knew what he was doing was wrong.
HE KNEW. Hands down he knew.
#2
"The second test of insanity is listed in C.R.S. 16-8-101.5(1)(b): "A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged" cannot be held criminally responsible (meaning the person is NGRI)."
-He definitely was able to form a culpable mental state. He did it numerous times before the murder during all his preparations. And he did it during the murder as he carefully carried out the attack.
He definitely had developed a culpable mental state numerous times before, during, and after the murder. We see him in the courtroom in a guaranteed culpable mental state. We saw him with Dr. Reid in a culpable mental state.
How we know is he would have not carried out his plan so meticulously if he had not entered that state. It would have been much more sporadic, unorganized, disheveled, etc etc
Yeah, he is GUILTY. Hands down. By Law of definition.
A little twisted at times, yes. But by LAW, he is guilty of this crime.
http://www.9news.com/story/news/201...-reason-of-insanity-legal-precedent/26423245/