OH - Clermont County father lined up sons 3, 4, and 7, executed with rifle, mother injured trying to protect them, June 2023

[tlcya]

the benchmark in OH for insanity plea to succeed is that the perpetrator must not have known the difference between right and wrong and between reality versus fantasy.

(14) A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts.
Section 2901.01 - Ohio Revised Code | Ohio Laws

How Does Ohio Handle Insanity?​

Ohio uses what is known in legal jargon as the M'Naghten Rule. Under ORC § 2901.01(A)(14), you are not guilty by reason of insanity if you can prove that you didn’t know, “as a result of a severe mental disease or defect, the wrongfulness of [your] actions.” (Let’s call “not guilty by reason of insanity “NGRI.”) You have to plead NGRI at arraignment, where the judge formally reads your charge in the courtroom. Obviously, a “severe mental disease or defect” brings up a lot of evidentiary issues. What counts as a “mental disease or defect?” And when is it considered “severe” enough?

First, you still have to prove through evidence and persuade the jury that there is a 50.1% chance that you’re insane. After you plead NGRI, the court will usually order your examination by a doctor and make that report available to the defense, court and prosecution. And usually, you’ll have a doctor or some expert testify as to the state of your mental condition. So, whether someone has a “mental disease or defect” that is “severe” is really just a question of evidence. If you can convince the jury that you had a severe mental disease that made it so you couldn’t tell that what you were doing was wrong, then you might have an insanity defense.
How Does the Insanity Defense Work?

 

[GoBuckeyes]

What really blows is that, from the moment a crime occurs, it's as if all rights transfer to the accused.

We do that constitutionally and it's part of a free and just society, but in times like these, it blows.

He gets all the protections of the law.

And it eclipses the rights of the victims.

A man stands in front of his wife and kills her little boys, rips ome from her arms, guns another down. Who cares what he says? He did it in front of them.

Straight to jail. Do not collect.

But the process allows him to say Not Guilty and the wheels of justice charm for him. Because we take freedom seriously here. His rights are protected because, sadly, they reflect the rights we all enjoy. So we can't strip his away without just cause, the highest standard, beyond a reasonable doubt.

I hope he gets his justice. Full removal from society.

So those left behind can grieve and survive and, if nothing else, breathe. The small relief that he'll be able to hurt no one else.

My heart breaks twice for the mother and her daughter. Victimized in the most awful way by the series of crimes that day, but also, their loss of innocence, that their justice is blocked. Their rights to privacy, decency, truth -- all delayed.

The process has to be gut-rending.

I wish them all the strength in the world.

JMO

I hadn't read, or maybe I've just forgotten, that he ripped one child out of the mother's arms.

 

[iamshadow21]

I hadn't read, or maybe I've just forgotten, that he ripped one child out of the mother's arms.

It was in news articles at the time it happened.

 

[Clearsky]

Photo of the 3 boys. Very sad:

Jury Could Tour Home Where Chad Doerman ‘Slaughtered’ His 3 Young Sons

Ohio prosecutors have asked the court to let jurors see where a man allegedly killed his three sons last year. WXIX reported that Clermont County prosecutors want the jury to see specific locations in Chad Doerman’s home where they believe he shot his three children in June. In their motion...

www.crimeonline.com