AZlawyer
Verified Attorney
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- Oct 1, 2008
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It's a dicey road..they don't claim insanity during the guilt phase but try to justify it in this one (thanks to their new assistant the jury foreperson from the first trial). I really do not think this will fly if the jurors step back and do a simple checklist.
There's no way they could have gotten away with an insanity defense. Jodi clearly knew right from wrong and hasn't even pretended otherwise. Mental illness that "makes" you react with violence when a normal person would just walk away would not constitute insanity for legal purposes, but it does count as mitigation.
I happen to agree that the real, unstated reason for this evidence is to suggest to the jury that the killing was justified.