Many people have been asking, "Shouldn’t the Tucson shooter be considered a terrorist," and "Shouldn’t he be tried and executed if guilty?" It is hard to explain diminished mental capacity but let me give it a try.
Certainly the acts which Jared Lee Loughner committed are heinous. He has left an entire nation in shock, many dead, others clinging to an altered life, and the Jewish and immigrant communities in horror. Nothing I say here should be construed as justifying or excusing Loughner's acts.
Turning to the shooter, who is also a victim, what do we make of him? If your three-year-old daughter found an automatic pistol on the ground and shot people as Loughner did, would you charge her with first degree premeditated murder and seek the death penalty?
The analogy between a three-year-old and Loughner is not exact. If he had the mental capacity of a three-year-old at his age, he would be retarded. However, he likely is so mentally ill that he is out of touch with reality. Paranoid, he did not have the capacity to make rational decisions. Mental retardation and mental illness, while not the same, have one thing in common: the diminished capacity to make rational decisions.
In criminal law, two elements are required to make a person guilty of a serious crime: the mens rea, or guilty mind, and the actus reus, the guilty act. Proving the actus reus will be easy, considering the witnesses. However, proving the mens rea could be a challenge if the insanity defense is asserted.
If Loughner was insane when he committed the acts, then he is technically not guilty of the crimes of which he is accused. In that case, under criminal law theory, he was not capable of forming the mens rea. We don’t hold three-year-olds responsible for things they cannot understand. We should not hold a criminally insane person guilty either.
Loughner voluntarily withdrew from Pima Community College after five encounters with law enforcement and a series of angry and irrational acts. The school told him not to come back until he had an evaluation from a mental health professional stating he was not a danger. Loughner writes about a new form of currency, among other senseless ramblings. He writes in legible sentences but what he talks about does not make sense.
Article comments
1 - Nancy
Insane? The guy DID show up at the Wallmart, which was probably advertised. With a gun. Technically, first degree muder. If nothing else, this guy does need to be off the streets - also held accountable.
2 - Jerry
The writer states: "The message to other mentally ill people is, don’t reveal yourself, because you won’t get treated and your acts will be judged harshly".
The shooter was already revealed - had been for years. He like other seriously mentally ill persons, especially dangerous ones, are marked by those around them.
I do agree that it is incumbent upon us, especially family members, to be proactive in helping such persons if there is any indication that they may harm themselves or others.
3 - Bill
I believe this man was also Jewish and attended the same Synagogue as Giffords..
Research it.
They were friends on a few internet social sites.
Lamestream media (Controlled0 drops the ball, again.
4 - tim paynter
Unfortunately, this is an example of people who don't understand mental illness. When we say people are insane it does not mean they are sitting in a wheel chair slobbering down their cheeks and stewing in thier pants. Rather, insanity usually refers to people who function, so they can find a Wallmart, but who are having delusional thoughts, hearing voices, marching to a different drummer who not only is different, he does not even exist!
When people are unable to distinguish reality from paranoid thoughts then reasonable people don't generally consider them to be responsible for their actions. We don't hold three year olds responsible when they don't understand what is going on around them.
Sad to say, due to complete ignorance about mental health, we do hold people who are stark raving mad responsible. If you really want to get a better handle on what I am talking about volunteer in a mental asylum. But then, since mental illness is considered an abomination under God, you might think twice. They could mistake you for being just a kooky as the true in mates. Thanks for your comments, but do a little more research.
5 - Alexandria Jackson
Nice article. One point, though. A person who was insane at the time of the offense must have the mental capacity to plead the insanity defense. A fun little catch in the system. So he has to be on his meds and "clear" by the time of the hearing. In some states, this can mean years of delaying a hearing trying to get the person clear and is not "right to a speedy trial" at all. He will stay in limbo for a long time - unless political pressure forces them to declare him competent to stand trial. This would be such a shame. He is clearly very, very sick.