Trial day 31: the defense continues it's case in chief #86

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She was so incapacitated by her Fognesia™ that she remembers which closet shelf she step-leapt upon.
 
From Amnesia and Crime Article:

To satisfy the evidentiary burden of automatism,
the accused must claim that he or she acted involuntarily
at the relevant time, and the defense must
present expert psychiatric evidence confirming its
claim. More weight is given to medical evidence if
the accused has a history of automatistic-like dissociative
states. The automatism analysis must also
consider the nature of the alleged automatism trigger.
Finally, the analysis must consider whether there
is evidence of a motive for the crime. A motiveless act
would generally lend plausibility to a claim of
involuntariness.

If the accused has laid proper foundation for the
defense of automatism, it must then be determined
whether the alleged automatistic state was caused by
a disease of the mind. Two distinct approaches may
be taken: the internal-cause test and the continuingdanger
test. Under the internal cause theory, developed
in the context of psychological-blow automa-
tism, the defendant’s automatistic reaction to the
psychological blow, the alleged trigger, is assessed
from the perspective of an ordinary normal individual
experiencing the same stressful circumstances. If
it is determined that a normal individual would have
reacted in a like manner by experiencing an automatistic
state, a defense of non-insane automatism
would be supported, as the cause of the automatism
would be considered to be an external event and not
due to the psychological or emotional character of
the defendant.

Under the continuing-danger theory, the likelihood
of a recurrence of violence that would present a
danger to the public suggests a disease of the mind.
 
The defense might just pass the witness to JM today. I'm sure they believe he isn't prepared to cross and will be caught off guard.
 
and there we have it - they (DT) sneaked in the piece Juan was objecting too, highlighted in RED....

At the very least the judge should have asked them to take it down while they went to sidebar.
 
He relies heavily on a time magazine article written by a journalist using research done by an unknown source to determine something that has nothing to do with Jodi? Excellent, I'm sure the jury will find it useful.
 
http://www.jaapl.org/content/35/4/469.full.pdf

Some studies of dissociative amnesia for crimes report that offenders who claim memory loss are more likely than nonamnesic offenders to have a history of alcoholic or dissociative blackouts not due to organic causes, or a previous psychiatric disorder.14,73,80 Depressive symptoms have been reported in offenders claiming amnesia for their crimes.11,

At least they say "claiming"....so that's where those alcohol blackouts came from...

I've got to read the rest of this article.
 
Can you make up or steal parts of others' traumatic stories (Travis' robbery story) to throw cops off your trail to '48 hours' and 'Inside Edition'? "No jury will ever convict me, I'm innocent" crock in this foggy amnesia and crime spree.
 
It is terribly insulting to the jury to have this witness read aloud what they can see on the monitor. :furious:
 
SERIOUSLY? What makes some people fall for this BS?

Kimberly ‏@_Isis78
Textbook case. It's what I've been trying to point out all along. Prosecution is trying to fight it, though. #jodiarias

Why can't people recognize a lying liar who lies to save her own skin, vs. a real PTSD sufferer?
 
I sure hope there isn't a quiz at the end of this lecture.

I need to find my TIME magazine for Cliff Notes.
 
Anybody notice that JM is barely objecting? He's letting him go on and on...maybe he knows he can discredit him easily?

So doctor you relied on others opinions? Did that include reading a Time magazine article? So no real work on your own?
 
Symptoms of post-traumatic stress disorder (PTSD) can be terrifying. They may disrupt your life and make it hard to continue with your daily activities. It may be hard just to get through the day.

PTSD symptoms usually start soon after the traumatic event, but they may not happen until months or years later. They also may come and go over many years. If the symptoms last longer than 4 weeks, cause you great distress, or interfere with your work or home life, you probably have PTSD.

There are four types of symptoms:

Reliving the event

Bad memories of the traumatic event can come back at any time. You may feel the same fear and horror you did when the event took place. You may feel like you're going through the event again. This is called a flashback. Sometimes there is a trigger: a sound or sight that causes you to relive the event. Triggers might include:

Hearing a car backfire, which can bring back memories of gunfire and war for a combat veteran.
Seeing a car accident, which can remind a crash survivor of his or her own accident.
Seeing a news report of a sexual assault, which may bring back memories of assault for a woman who was raped.
http://www.m.webmd.com/a-to-z-guides/tc/post-traumatic-stress-disorder--symptoms

If stress disables our memory, how does the expert explain this?
 
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