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Innocent by Reason of Insanity
A Lie, A Total Falsehood!
No one that commits a crime is Innocent because of their mental state.
New Bill Proposal for The NH Legislature
My column below was printed in The Exeter News-Letter on Tuesday March 27th, 2001:
The Depression Defense
Should Not Be Allowed
There is a huge injustice that is about to be perpetrated against
the people of this entire country. This injustice will especially
hurt the survivors and families of the victims of the tragic
murders in Wakefield Massachusetts this past December. My deepest
sympathy goes out to the families of the victims in Wakefield.
The full joy of the holiday season will never completely return
to these families due to the actions of one sick individual.
The injustice that is about to occur comes to us in a statement
from Michael McDermott's lawyer, Kevin Reddington. Michael
McDermott was indicted on Friday February 16th, on 7 counts of
murder. After the indictments were handed down Mr. Reddington
stated that "McDermott was undergoing psychiatric treatment
and taking medication, and that he may pursue an insanity
defense."
The insanity defense or The Depression Defense as I like to call
it, is actually plead as Innocent by Reason of Insanity. There is
not a shadow of a doubt that Michael McDermott committed these
crimes. To claim that McDermott is Innocent for any reason is a
total injustice to every citizen in this country. This man is as
innocent as Judas. This man is as innocent as Adolph Hitler. This
man is as innocent as Timothy McVeigh.
If the Oklahoma City bomber, Timothy McVeigh, had tried to plead
Innocent by Reason of Insanity, the entire country would have
been up in arms. The citizens of this country would have spoke
out from every corner of These United States to abolish the
insanity plea. Being insane does not remove the guilt for an act
of crime.
The blame must lie with the criminal and not with his state of
mind or with the items he used to commit this crime. This was a
big man that could have used his hands, a bat, a knife, or a bomb
which he had already made at his home. People must be held
Personally Responsible for their actions. It is not the cigarette
when people choose to smoke, and it is not the firearm when
people choose to use it illegally. What it comes down to is
Personal Responsibility Period.
Even though the blame lies totally with the sick individual, his
sickness should not be allowed to be used as a defense for his
actions. If there is responsibility to be shared, there were
others involved. These were the doctors that had treated this man
for his depression. Another weapon in this case was the pen of
the doctors prescribing anti-depressants. By writing these
prescriptions their fingers were on the trigger as well.
Anti-Depressants may help many people, but these doctors need to
pay much closer attention to their patients. The problem with
these drugs is not over-dosing but abruptly stopping the
medication. When a patient stops taking these anti-depressants
they suffer withdrawal symptoms including severe depression,
aggressiveness, and psychopathic and suicidal tendencies. People
on these medications need to be monitored more closely and that's
a problem for the medical society.
Some responsibility has to fall on the State of Massachusetts.
The anti-firearm zealots are so overbearing on tracking legal
firearm owners and tracing every legal firearm that they are over
looking criminals that should be tracked, traced, and charged
with firearm violations. Michael McDermott had a legal firearm
license with the state and he let it lapse. The State of
Massachusetts knew that McDermott owned firearms and when his
license was not renewed then Massachusetts should have gone after
him to investigate why the license wasn't renewed. If the State
of Massachusetts had spent some time enforcing the laws that they
already have instead of making new laws that just create a
mountain of paperwork for honest firearm owners, then possibly
this tragedy could have been avoided.
The fact that Michael McDermott is sick and has a problem with
depression, does not take away the fact that He committed the
crime. Innocent by reason of insanity is a LIE, A Total
Falsehood. To be innocent is to be found not to have committed
the crime at all. If you are insane and you commit a crime, you
did it. You are guilty. What we need is a New Plea and that
should be, Guilty, But Insane.
The Depression Defense, which has been brought up in the
Wakefield, Massachusetts tragedy, has no place in our justice
system. Put them in a hospital and when they are better, let them
serve out the remainder of their punishment in prison where they
belong.
GUILTY, BUT INSANE!
A New Bill Proposal for the New Hampshire Legislature
HB00 - AS INTRODUCED
2002 or 2001 SESSION
00-0000
04/2001
HOUSE BILL 00
The Guilty but Insane Bill-AN ACT abolishing the right of
defendants to plead "Not Guilty by Reason of Insanity"
or "Innocent by Reason of Insanity" and changing that
plea to "Guilty, but Insane" and eliminating their
right to be released until they are deemed competent to serve 25%
of their sentence or 25% of the time to eligibility of parole in
a State Prison Facility, not including time served in the Secure
Psychiatric Unit.
SPONSORS:
COMMITTEE: Judiciary?
ANALYSIS
This bill changes the right of defendants to plead "Not
Guilty by Reason of Insanity" or "Innocent by Reason of
Insanity" and changes that plea to "Guilty, but
Insane" and eliminates their right to be released until they
are deemed competent to serve 25% of their sentence or 25% of the
time to eligibility of parole in a State Prison Facility, not
including time served in the Secure Psychiatric Unit.
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00-0000
04/2001
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One or Two Thousand Two
AN ACT abolishing the right of defendants to plead "Not
Guilty by Reason of Insanity" or "Innocent by Reason of
Insanity" and changing that plea to "Guilty, but
Insane".
Be it Enacted by the Senate and House of Representatives in
General Court convened:
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struck
through.]
Matter, which is either (a) all new, or (b) repealed and
reenacted appears in regular type.
1) Amend RSA 622:44, II to read as follows:
The rules shall reflect the general policy that persons committed
or transferred to the unit, who may be convicted offenders,
persons found [not guilty because of insanity] Guilty,
but Insane, pre-trial detainees, or persons civilly
committed, shall retain all their individual rights, except where
safety or security mandates restriction.
2) Amend RSA 628:2, I to read as follows:
A person who is insane at the time he acts is [not]
criminally responsible for his conduct but to the extent
that they are required to serve 25% of their sentence or 25% of
the time to eligibility of parole in a State Prison Facility
after they are released from the Psychiatric Care Unit.
Any distinction between a statutory and common law defense of [insanity]
Guilty, but Insane is hereby abolished and
invocation of such defense waives no right an accused person
would otherwise have.
3) Amend RSA 651:8 to read as follows:
Whenever the grand jury shall [omit to] find an
indictment of Guilty, but Insane against a
person, for the reason of insanity or mental derangement, [or
a person prosecuted for an offense shall be acquitted by the
petit jury for the same reason,] such jury shall certify
the same to the court.
4) Amend RSA 651:8-a to read as follows:
Plea of [Insanity] Guilty, but Insane.
Any person prosecuted for an offense may plead that he is [not
guilty] Guilty, but Insane by reason of
insanity or mental derangement. If such a plea is accepted by the
state's counsel, such counsel shall certify the same to the
court."
5) Amend RSA 651:8-b to read as follows:
651:8-b Hospitalization; Persons [Acquitted by Reason of
Insanity] found Guilty but Insane. I.
If a person is found [not guilty by reason of insanity]
Guilty but Insane at the time of the offense
charged, he shall be committed to the secure psychiatric unit
until such time as he is [eligible for release] deemed
competent to serve 25% of their sentence or 25% of the time to
eligibility of parole in a State Prison Facility and not
including time served in the Secure Psychiatric Unit,
pursuant to paragraph IV.
II. A hearing shall be conducted not later than 40 days following
a verdict of [not guilty by reason of insanity] Guilty,
but Insane, at which the defendant shall be represented
by counsel. The state and the defendant shall be offered the
opportunity to present evidence and to cross-examine witnesses
who appear at the hearing.
III. Prior to the date of the hearing pursuant to paragraph II,
the court shall order that a psychiatric or psychological
examination of the defendant be conducted, and that a psychiatric
or psychological report be filed with the court, with copies
provided to the defendant and to the attorney for the state.
IV. If, after the hearing, the court finds by clear and
convincing evidence that the [acquitted] person is presently
suffering from a mental disease or defect as a result of which
his [release would create a substantial risk of bodily
injury to himself or another, or serious damage to the property
of another] imprisonment would be detrimental to himself
and other prisoners, the court shall commit the person pursuant
to the provisions of RSA 651:9-a and RSA 651:11-a. The existence
of clear and convincing evidence that a person's [release
would create a substantial risk of bodily injury to himself or
another person or serious damage to the property of another]
imprisonment would be detrimental to himself and other prisoners
shall be presumed, subject to rebuttal by the [acquitted]
person, where the person has been found [not guilty by
reason of insanity] Guilty, but Insane
of an offense involving bodily injury or serious damage to
property of another, or substantial risk of such injury or
damage.
6) Amend RSA 651:9-a to read as follows:
In either of the cases aforesaid the court, if it is of the
opinion that it will be dangerous that such person should [go
at large] be sentenced to a State Prison Facility, shall
commit him to the secure psychiatric unit [for 5 years
unless earlier discharged, released or transferred by due course
of law] until he is deemed competent to serve
25% of their sentence or 25% of the time to eligibility of parole
in a State Prison Facility.
7) Amend RSA 651:11-a to read as follows:
Duration of Committal Orders. - I. Orders of committal to the
secure psychiatric unit made pursuant to this chapter shall be
valid for 5 years. For the order to be renewed, another judicial
hearing must be held. At the renewal hearing, when the court is
satisfied by clear and convincing evidence that the person
suffers from a mental disorder and that it would be dangerous for
him to go at large, or to serve 25% of their sentence or
25% of the time to eligibility of parole in a State Prison
Facility and not including time served in the Secure Psychiatric
Unit, the court shall renew the order of committal.
II. Without otherwise limiting the discretion of the court, a
court shall find it would be dangerous for a person to go at
large if:
(a) He has been found [not guilty by reason of insanity]
Guilty but Insane of a crime; and
(b) The physical act or acts constituting the crime of which the
person was found [not guilty by reason of insanity]
Guilty but Insane caused death or serious bodily
injury as defined in RSA 625:11, VI, to him or another, or
created a grave risk of death or serious bodily injury to him or
another; and
(c) The person suffers from the mental disorder or a
substantially similar mental condition as existed at the time he
committed the act or acts which constituted the crime of which he
was found [not guilty by reason of insanity] Guilty
but Insane.
III. Without otherwise limiting the discretion of the court, a
court may find that it would be dangerous for a person to go at
large or serve 25% of their sentence or 25% of the time
to eligibility of parole in a State Prison Facility if:
(a) He has been found [not guilty by reason of insanity]
Guilty but Insane of a crime; and
(b) The physical act or acts constituting the crime of which the
person was found [not guilty by reason of insanity]
Guilty but Insane resulted in damage to the
property of another, or created a grave risk of damage to the
property of another, or caused harm or a risk of harm to himself
or another; and
(c) The person suffers from the mental disorder or a
substantially similar mental condition as existed at the time he
committed the act or acts which constituted the crime of which he
was found [not guilty by reason of insanity] Guilty
but Insane.
IV. The following provisions shall apply after the court renews
the order of committal pursuant to paragraph I of this section:
(a) If the court renews the order of committal but finds by clear
and convincing evidence that the person's release under certain
conditions, including, but not limited to, a prescribed regimen
of medical, psychiatric, or psychological care or treatment,
would no longer create a substantial risk of bodily injury to
himself or another person or serious damage to property of
another, the court may:
IV. The following provisions shall apply after the court renews
the order of committal pursuant to paragraph I of this section:
(a) If the court renews the order of committal but finds by clear
and convincing evidence that the person's release under certain
conditions, including, but not limited to, a prescribed regimen
of medical, psychiatric, or psychological care or treatment,
would no longer create a substantial risk of bodily injury to
himself or another person or serious damage to property of
another, and if the person has served 25% of their
sentence or 25% of the time to eligibility of parole in a State
Prison Facility and not including time served in the Secure
Psychiatric Unit the court may:
(1) Order that he be conditionally discharged under conditions
the court finds appropriate, including any prescribed regimen of
medical, psychiatric, or psychological care or treatment that has
been prepared for him, which has been certified to the court as
appropriate by the commissioner of the department of corrections
or his designee or by the director of another facility not within
the department of corrections in which he is committed, and which
has been found by the court to be appropriate; and
(2) Order, as an explicit condition of release, that he comply
with the conditions imposed by the court, including any
prescribed regimen of medical, psychiatric, or psychological care
or treatment.
(b) The court at any time may, after a hearing employing the same
criteria as a hearing pursuant to subparagraph (a), modify or
eliminate the conditions imposed, including any prescribed
regimen of medical, psychiatric, or psychological care or
treatment.
(c) The commissioner of the department of corrections or the
director of another program or facility not within the department
of corrections responsible for administering a condition or
regimen imposed on a person conditionally discharged under
subparagraph (a) shall notify the attorney general and the court
having jurisdiction over the person of any failure of the person
to comply with the condition or regimen, or of any other
circumstances which create a reasonable likelihood that it is
dangerous for the person to remain conditionally discharged. Upon
such notice, or upon other probable cause to believe that the
person has failed to comply with the condition or prescribed
regimen of medical, psychiatric, or psychological treatment, or
that other circumstances exist which create a reasonable
likelihood that it is dangerous for the person to remain
conditionally discharged, the person may be arrested, and, upon
arrest, shall be taken without unnecessary delay before the court
having jurisdiction over him. The court shall, after a hearing,
determine whether the person should be remanded to the secure
psychiatric unit or to another suitable facility on the basis
that in light of his failure to comply with the conditions
imposed by the court, including any prescribed regimen of
medical, psychiatric, or psychological care or treatment, or
because of other circumstances, his continued release would
create a substantial risk of bodily injury to himself or another
person or serious damage to property of another.
8) Effective Date. This act shall take effect upon passage.
LBAO
00-0000
04/2001
HB 00 - FISCAL NOTE
AN ACT abolishing the right of defendants to plead "Not
Guilty by Reason of Insanity" or "Innocent by Reason of
Insanity" and changing that plea to "Guilty, but
Insane" and eliminating their right to be released until
they are deemed competent to serve 25% of their sentence or 25%
of the time to eligibility of parole in a State Prison Facility,
not including time served in the Secure Psychiatric Unit.
FISCAL IMPACT: NONE
METHODOLOGY:
Amend Any RSA's dealing with the right of defendants to plead
"Not Guilty by Reason of Insanity" or "Innocent by
Reason of Insanity" and changing that plea to "Guilty,
but Insane" and changing the eligibility for parole to
Defendants that plead "Guilty, but Insane" to state
that if that person is said to have recovered from the mental
disability or disabilities that supported the "Guilty, but
Insane" plea must serve the remainder of their sentence in a
State Prison facility as required under their original sentence
until their eligibility for parole is reached. If said defendant
reached their eligibility for parole while still under care for
their mental disability, or has less than 25% of their original
time limit for eligibility for parole left, then that person must
serve a minimum of 25% of their original time limit for
eligibility for parole in a State Prison facility until they will
be eligible for parole.
This has been submitted to the NH legislature under LSR #2037, relative to the plea of guilty but insane. Next year it will go to Committe and Hopefully a vote. I will have to go to Concord to support the bill and will need statements and evidence supporting such change in the Law to change the plea of Innocent by Reason of Insanity.
Please E-Mail me with your input and include your Name and the Town and State where you live.
Stop The Insanity and E-Mail Ken
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