Curious in CT
Well, Hot Dog!
- Joined
- Feb 15, 2019
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I have a (relatively distant) relative from the Cape who rewound up at Bridgewater and then Taunton hospitals for the criminally insane after a judge noticed him acting erratically in the courtroom. He had long been known to be responsible for acts of violence, arson and even the "disappearing" of his first wife decades ago ... but he was only ever convicted once, decades ago.
Anyway, wouldn't it be awesome if FO wound up in cuckoo's nest lockup?
Not likely, but amusing.
Anyway, wouldn't it be awesome if FO wound up in cuckoo's nest lockup?
Not likely, but amusing.
No it does not. Insanity is an affirmative defense, which means the defendant bears the burden of proving it and the State is never obliged to rebut it. It can be rejected by the jury outright, even if there is no contrary evidence to rebut it.
There are a variety of standards by which to determine whether a person was insane at the time of the offense , but all are quite difficult to establish. Most states now have guilty but insane, so that even if a defendant is acquitted due to insanity, civil commitment proceedings can be instituted by the State.
To succeed an insanity defense, the accused must show that he suffered a mental defect such that he was unable to tell the difference between right and wrong or was unable to conform his conduct to the requirements of the law. "Irresistible impulse" was once used in some states, but not so much anymore.
There is no way Dulos can meet any of those standards, not that I think he would try. He would never allow Pattis to portray him in any but the most flattering light. At this late date, I cannot see how it would be a credible defense anyway.
Dulos is not that special. The prisons are full of people with personality disorders; the use of the term is merely a way to explain a certain set of characteristics and behaviors. Many of these behaviors are commonly seen in violent offenders.