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If they find her not guilty, does it have to be for reason of insanity?
I mean, obviously just a plain not guilty would mean the jury was insane, as she pretty obviously did it. So logically I can see how that would be their options. But could they, conceivably, legally go against all evidence and common sense and find her just plain not guilty?
Or has she somehow legally conceded that a plain 'not guilty' cannot happen, even if the jury goes insane in mass, by putting forth an insanity defense?
"evil intent" is part of 1st degree murder. JS said so herself.
Is there a place to sign up for cel phone notification when verdict comes in?
Is there a place to sign up for cel phone notification when verdict comes in?
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If she's found guilty, then I think her treatment would be determined by the State penal system, not the judge -- but I might be wrong.
ETA: OK, found this link -- apparently the judge can take her mental illness into consideration as a "mitigating circumstance"
http://www.blakedorstenlaw.com/departure-hearings.html
"Florida Statute §921.0026, entitled "Mitigating Circumstances," provides a useful list of factors that the sentencing Court can consider when determining whether or not to "depart" from the sentencing guidelines on any given case. Subsection (2) states as follows:
....d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment."
If she's found not guilty, then I believe there's a committee that would determine if she's to be hospitalized or receive outpatient treatment. There's a link around here somewhere -- will try to find and post it again.
ETA: here's link http://www.flsenate.gov/laws/statutes/2011/916.15
"916.15 Involuntary commitment of defendant adjudicated not guilty by reason of insanity.
(1) The determination of whether a defendant is not guilty by reason of insanity shall be determined in accordance with Rule 3.217, Florida Rules of Criminal Procedure.
(2) A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to such finding if the defendant has a mental illness and, because of the illness, is manifestly dangerous to himself or herself or others.
(3) Every defendant acquitted of criminal charges by reason of insanity and found to meet the criteria for involuntary commitment may be committed and treated in accordance with the provisions of this section and the applicable Florida Rules of Criminal Procedure. The department shall admit a defendant so adjudicated to an appropriate facility or program for treatment and shall retain and treat such defendant. No later than 6 months after the date of admission, prior to the end of any period of extended commitment, or at any time the administrator or designee shall have determined that the defendant no longer meets the criteria for continued commitment placement, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.
(4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court. Evidence at such hearing may be presented by the hospital administrator or the administrators designee as well as by the state and the defendant. The defendant shall have the right to counsel at any such hearing. In the event that a defendant is determined to be indigent pursuant to s. 27.52, the public defender shall represent the defendant. The parties shall have access to the defendants records at the treating facilities and may interview or depose personnel who have had contact with the defendant at the treating facilities."
I don't see that really - maybe that's how she always made purchases. Or she could have paid with cash
Look at the viewer poll on that page. Not good. :banghead:
scary and creepy guy....gotta be painful--gotta be