James Holmes will probably claim insanity to spare himself the death penalty, but it may be an error on his part.
You see, if he pleads insanity, he gives up his right against self-incrimination, as well as attorney-client privilege. His examiners can ask him anything. And, if they decide he is fit to stand trial, the prosecution can use the Batman shooter's answers against him in court.
This is an obviously unjust law, which clearly favors the prosecution, but there's nothing the accused Dark Knight gunman can do about it.
If this fellow is guilty, he deserves to suffer. But a criminal suspect is supposed to be innocent until proven otherwise in America. If Holmes is forced to answer every question from the state-appointed psychiatrists, it undoubtedly gives the prosecutors an edge.
In addition, Holmes's attorneys will be forced to fork over many of their private communications. Is this fair, or should this law be modified? James Holmes has already been convicted in the court of public opinion, but he should be allowed to plan his real defense on a level playing field.





Comments: 9
Do I think what he did was bad? Of course! The majority of people that commit murder are sick in the head. If they were not they'd probably never killed anyone in the first place.
Yeah there are some exceptions to the rule IE crimes of passion. Even so it just proves lack of self control and how primitive we really are.
Some day in the distant future "if we've not blown ourselves up by then" technology will get to a point where it will be possible to fix flaws and make mental problems almost non existent.
I feel bad for everyone in this case including the shooter and his family. I do know one thing dumbing ourselves down to the same level will only make things worse in the long run.
With our current standards we will never be able to truly evolve or even make forwards progress on becoming a non greedy non violent peaceful race.
However, there is NO QUESTION this guy is guilty. He was taken down right outside the theater door in full gear with weapon in hand!
Rarely is there a case so clear as this one.
The true injustice will be if he managers to get off on a technicality or if he is proven insane.