Mental health poll

[discntnt_irny_srcsm]

In the wake of the Dark Knight Rises shootings, one of the topics under scrutiny is the public impact of individual's mental health or lack thereof in firearm crimes.

I note on page 12 of the MAIG report Fatal Gaps that the state of Colorado is among those states close to the national average in terms the cases of mental health records per 100,000 of population submitted to the FBI as part of the information accessible for NICS checks.

http://www.mayorsagainstillegalguns.org/downloads/pdf/maig_mimeo_revb.pdf

Good job Colorado, but it's a shame Holmes did make the prohibited list.

I read in the news today:

Legal experts expect Holmes to plead not guilty by reason of insanity. Prosecutors — who may pursue the death sentence — would have to prove he is sane enough to stand trial. Unlike other states where the defense needs to prove insanity, prosecutors in Colorado have to show that a defendant is sane — all without the ability of having their own experts examine Holmes.

http://www.usatoday.com/news/nation/story/2012-08-31/james-holmes-psychiatrist-aurora-shooting/57474726/1

Now the topic of the poll: In cases such as this, where should the burden of proof rest, with the defense to prove insanity, with the prosecution to prove sanity or to be determined in a separate proceeding outside of the trial?

Please share some thoughts.

2 votes, 0 passes | Time left: Unlimited
	Defense must prove insanity
	0 (0%)
	Prosecution must prove sanity
	0 (0%)
	Determined in a separate proceeding
	2 (100%)
	0 DU members did not wish to select any of the options provided.
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[jody]

1. Why isn’t this thread in the Civil Liberties group? It raises similar issues as the current Civil

Liberties thread "Oakland man guilty of murder - no body of victim".

http://www.democraticunderground.com/116873

[discntnt_irny_srcsm]

2. I put it here because firearm crime is involved. n/t

[jody]

3. Makes no sense to put only crime commited with a firearm here and other identical crimes except for

the type arm used; e.g. knife, club, razor; in civil liberties.

[discntnt_irny_srcsm]

4. Good point n/t