quote:
Originally posted by Azred:
I am one of many here who live under the Lone Star and I must admit that the legal definition of "the person who does not know the difference between right and wrong" seems to be a very weak guideline. Granted, I haven't yet looked up the exact phrasing in the Penal Code (but I will), but doesn't that definition leave a lot up to personal judgement? Also, sociopaths know the difference between right and wrong but don't care, so are sociopaths not insane?
example (not that I would, mind you):
1) You and your spouse argue and then you hit that person.
2) You and your spouse argue, your spouse picks up a knife or gun, and then you hit that person.
Based on these two situations the question "Is is wrong to hit your spouse?" will have different answers from different people. Which is right and which is wrong? If you can't tell the difference are you "insane"?
Questions of legal definitions aside, she was found guilty of capital murder; based on the historical outcomes in Harris County she is highly likely to receive the death penalty, like it or not.
My personal prognostication: look for her family to bring a civil suit against Russell Yates.
That definition leaves a lot to personal judgement, yes...the reason being that the guy who shot Reagan (Hinkley?) got an
aquital by pleaing not guilty for reason of insanity...it gave the nation the message that anyone could try to shoot our elected leaders and get off "for reason of insanity", prompting the government and individual states to literally define insanity if it is to be used as a defense criminal cases.
An average of only one out of every four cases using the insanity plea wins.
"Right" and "Wrong" in criminal cases using the insanity plea are backed by testimony from licensed, reputable psychologists who have interviewed the defendent and determined their "legal" state of mind, which in the case of Mrs. Yates, turned out to be that she knew what she was doing and she knew it was wrong.
Knowing that seven of the twelve jurors have children it won't surprise me if Mrs. Yates does get the death penalty but I happen to think that making a statement to women who suffer from post partum depression on a national level is necessary in terms of help IS available and it doesn't have to go this far to be able to get it.
Its a serious matter.
I do hope Mr. Yates is charged in a civil case. He is no less guilty than his wife since he never sought to get her help knowing her state of mind, knowing that she was a danger to their children and allowing her to continue having them.