There's no doubt LS is disordered (crazy) but criminally insane she is not. Having listened to the juror selection and the questions asked, they clearly understand the difference. And I disagree they are running any risk -- I think it's the complete opposite.
Through those recorded calls, we've all witnessed what the FBI's BAU terms LS's pathway of violence: it's clear to me that not even torturing and killing Gannon could erase or even the scorecard of perceived wrongs LS is collecting in her head.
IMO, LS could very well kill again (and I think LH was in grave danger)!
Meanwhile, LS is doing what sane individuals do: we fabricate and misdirect to avoid punishment. In other words, LS is literally screaming consciousness of guilt and knowledge of right and wrong. MOO
But CO doesn't use the M'Naghten rule by itself. So sanity is not necessarily defined in CO by knowing the difference between right and wrong. A person can know right from wrong and still be found NGRI.
That's why I worry a little. I basically agree with you - that they hopefully chose a jury who can understand and apply CO law.
From FIndLaw (link below):
//
Proving Irresistible Impulse
In jurisdictions that use or incorporate the Irresistible Impulse Test as a
criminal defense, defendants typically must present sufficient evidence to prove:
- The existence of mental illness; and
- That the mental illness caused the inability to control one's actions or conform one's conduct to the law.
As you can see, proving that a defendant was unable to control his or her actions at the time of a crime can be quite challenging. Often, it may require a medical examination and expert witness testimony from medical professionals who specialize in mental health conditions. The evidence would have to prove the diagnosis of a condition as well as its impact on the defendant's behavior,
perhaps due to certain environmental triggers.
//
It's the use of the word "triggers" that concerns me some. 10 years ago, I hardly ever heard the word. Now, there's strong pressure on teachers to provide "trigger warnings" (and the list of them is rather long, possibly endless - most of us get around it by mentioning "there might be triggers"). But people use the word all the time, to the point that many people believe them, themselves, can be "triggered" and that their mental condition deteriorates suddenly when they are triggered.
//
The Irresistible Impulse Test was first adopted by the Alabama Supreme Court in the 1887 case of
Parsons v. State. The Alabama court stated that
even though the defendant could tell right from wrong, he was subject to "the duress of such mental disease [that] he had ... lost the power to choose between right and wrong" and that "his free agency was at the time destroyed," and thus, "the alleged crime was so connected with such mental disease, in the relation of cause and effect, as to have been the product of it solely."
In so finding, the court assigned responsibility for the crime to the mental illness despite the defendant's ability to distinguish right from wrong. And therefore found the defendant
not guilty by reason of insanity.//
The number of times I read here on WS (daily) that LS is "insane" or "crazy" is troubling. At any rate, I do think she'll end up in the psych ward of the prison (or be transferred to a facility where they can properly deal with her).
I tend to be a worrier. I don't know CO case law well enough to understand whether CO also requires some version of M'Naghten.
I just googled "Letecia Stauch borderline diagnosis" and got no hits from any news agencies - they all led back to Websleuths (there were a couple of reddit hits as well). Inside Edition did report that LS claims to have DID.
According to what I'm reading on the Irresistible Impulse test, the matter has largely been decided by the testimony of expert witnesses. So here we are. I find Dr. Lewis to be unprofessional and one of those paid experts who is almost entirely removed from any research or clinical practice. In the end, this may come down to a battle between the defense expert and the prosecution experts - and I think you're right; the State will win out. But we're very close to the margins, as to me it's clear that LS has multiple cognitive issues and DSM symptoms.
The Irresistible Impulse Test gained acceptance in various states as an appendage to the M'Naghten Rule, under which right versus wrong was still considered a vital part of any definition of insanity. Learn more about topics like these at FindLaw's section on Criminal Procedure.
www.findlaw.com
I believe the defense mentioned both Borderline PD and DID at some point, although I'm not sure (no link, JMO). At any rate, DID is going to be fully discussed in the second half of this trial.