This post isn’t about Insane at time of crime or Incompetent to stand trial. They are very different things and happen in very small minority/percentages of homicide cases going thru the U.S. judicial system/proceedings.
I think most members here
are aware when used in the context of homicide in the legal arena and understand the difference between the two. Links have been provided in previous thread posts that explains each and their differences in more detail.
Having said that, IMO most people whether they have legit/official diagnosis of ASD neurodivergence, developmental disorder, psychiatric/mental illness, personality disorder, any combination thereof, or have none of those diagnoses, KNOW that premeditated cold blooded murder/taking the life of another human being is wrong and against the law.
IMO there’s a population of individuals that regardless of knowing, simply do not care it’s wrong, illegal. They are selfish and irrational and violate others’ rights think they have a right to take another’s life. Everything is about them, their wants and needs, think they’re above the law and that rules and laws apply to everyone but themselves. The classification for these types of individuals in the DSM-V/DSM-V-TR (2022), is Anti-Social Personality Disorder aka psychopathy and sociopathy. These individuals need MH intervention and intensive long term treatment/therapy but they typically do not seek out treatment/therapy voluntarily.
So unfortunately many of these individuals are walking around undiagnosed, untreated, unmedicated (some try to self medicate with substances-alcohol, drugs) unless or until they enter the CJ system.
IMO not all individuals with ASPD commit the crime of murder, but I would say an ASPD individual with psychopathic traits is more apt/likely to commit murder than an ASPD individual with sociopathic traits.
Addressing ASPD specifically:
IMO ASPD individuals wreak havoc in families and the workplace, commit crimes of all types, some petty some more severe, are in and out through the proverbial revolving door in jails and prisons as they, especially ASPD psychopaths, are almost impossible to rehabilitate/don’t voluntarily seek nor comply with court ordered treatment and have high recidivism rate etc.
IMO ASPD individuals come from all walks of life, education level, and socioeconomic class and those that commit premeditated intentional murder of another human being(s) for whatever reason or no reason at all/just because i.e., to see what it feels like, or for whatever reason they perceive someone(s) has wronged them whether they have any connection to their victim(s) or not, feel totally justified in taking a life, convince themselves their victim(s) deserved to die/
their victim(s) made them do it-
if only you did or didn’t do ‘X’, I wouldn’t have had to kill you.
Suffice to say these individuals have zero insight, zero accountability for their heinous actions, victim blame and shame is common/the name of their game.
IMO premeditated cold blooded murderers such as in this case- ambushing and slaughtering 4 innocent college coeds in one fell swoop so to speak- even if the perp’s intent was to only kill one of the students, the fact he killed four shows the lengths of what he’s capable of when loses control-
kill anyone that gets in the way messes up my plans. Obviously an individual such as this is
antisocial but IMO these individuals capable of such atrocity, devastation/collateral damage to people and communities shouldn’t be categorized under ASPD as not only do they have the ASPD psychopathic traits in the DSM which frankly as if those aren’t bad enough, they are inhumane, have no true emotional feelings or ability to connect with others, emotionally connect/bond with others, lack a moral/ethical compass, are cold, calculated, cunning, diabolical and have absolutely no conscience whatsoever. And many get pleasure from having power and control over another person(s) life, inflict pain and cause suffering/death ergo add sadistic to the list.
In a nutshell, the worst of the worst disordered and extremely dangerous individuals in society.
This is why I think DSM medical experts and consultants should consider another revision to the manual and maybe add another classification under ASPD for these types of imo extreme/highly dangerous individuals and/or create new diagnosis altogether and classify separately. I realize it’s not as easy as it sounds and truly believe MH doctors providers, Psychiatrists, Psychologists, Neuropsychologists, MH professionals across the board have a very tough job are dedicated and do the best they can based on their education, training, knowledge, skills and tools at their disposal to help their patients, clients, society. I have the utmost respect for them and their chosen profession.
A big issue is that since most ASPD individuals do not voluntarily seek treatment, are usually court ordered/forced into treatment and can be so cunning, manipulative sometimes fool MH practitioners/providers/therapists. Some are intelligent/highly intelligent (IQ wise) and mask accordingly depending on any given situation they find themselves in or to whomever suits their needs to whatever end they deem benefits only themselves. So yes I do realize that MH providers have a very tough job examining, evaluating and identifying which of these people are capable of planning and committing cold blooded murder. I realize there are many factors involved, troubled backgrounds/childhoods, possible brain deficiencies/damage etc., and with many being so cunning, manipulative doubt that it’s possible at all to predict but maybe? in the future with potentially more advanced tools, testing, evaluation/assessment models,
will be easier to identify/help/treat? Maybe wishful thinking on my part but who knows.
At any rate, it’s my opinion that the perp in this case (BK imo), based on the methodical planning/premeditation and extreme violence perpetrated on the 4 innocent college student victims, and resulting collateral damage to the 2 surviving roommates, all the families, friends and the community, regardless of whether or not has been officially diagnosed with ASD, definitely has ASPD w/psychopathic traits undiagnosed (if ever officially diagnosed ASPD, it would be comorbid if he has official diagnoses for ASD, OCD) according to the current criteria in the DSM.
I’m afraid it goes way deeper though and which there is currently no official diagnoses or classification for in the DSM which the only way/word I can come up with to describe is Evil, sheer unadulterated Evil.
ETA- I expect if BK has an official diagnosis for ASD (which the state has apparently yet to see documented proof) it will be explained by the Judge to the Jurors that ASD and how it affects the defendant r/t how he might come across should not come into play/be considered by the Jury during the guilt phase of the trial. IMO ASD would only potentially come into play during the sentencing phase as possible mitigating factor against the DP which AT/team BK may or may not be successful arguing for.
ETA 2- DSM-V-TR link.
*All of the above is MOO based on years of following cases, researching and studying psychology and human behavior, conversations over the years with my Aunt who is a Psychologist (Retired now and still going strong at 92!), things I’ve read and learned from the many astute members/verified professionals here on WS.
**fun fact- my eldest went to elementary, Junior and Senior High School with Neuropsychologist Dr. Rachel Orr!
The whole pointless dog and pony show enrages me. One irrational motion after another is abuse of the legal system, and it's running rampant. There should be a limit to how much time wasting and ridiculous muck that defense teams can throw at the court. It's despicable. Makes me glad I did not choose law as a career :/
