In the summer of 2012, James Holmes' shooting rampage in the movie theater in Aurora, Colorado marked the twenty-first mass murder involving six or more fatalities since Colorado's Columbine shootings in 1999. In the wake of these killing sprees, the worst being the 32 shot to death in 2007 at Virginia Tech, TV talking heads--psychiatrists, psychologists and defense attorneys--tried to explain why someone would do such a thing. Surely a college kid like James Holmes who murdered twelve and injured 70 people in a movie theater must be insane. No person in his right mind would commit such a cruel, cold-blooded crime.
People who called James Holmes insane were equating deviant behavior with crazy behavior. Horrible crimes that cannot be rationally explained or understood by a normal person are not necessarily committed by individuals who are psychotic, that is, out of touch with reality. The old law school example of psychotic, homicidal behavior is the man, who while strangling his wife, thinks he's squeezing an orange. Indeed, to be legally insane, the killer must be so mentally impaired that he's incapable of appreciating the criminal nature and quality of his actions. The popular term for this legal standard of insanity is called the right-wrong test.
To avoid criminal culpability for a criminal homicide on the grounds of insanity, the defendant has the burden of proving (people are presumed sane) by a preponderance of the evidence that he was so mentally ill he didn't know right from wrong. For defendants raising the insanity defense there is a problem: in reality, even in cases where the defendant at the time of his crime was suffering from some form of schizophrenia, the killer was still aware of the consequences of his act and that it was wrong. In other words, there is no such thing as a mental sickness that produces a state of mind that meets the legal definition of mental illness. The paranoid schizophrenic who strangles his wife not only knows he is not squeezing an orange, he is aware is he killing his wife. And although the devil may have told him to do it, he knows it's wrong because the devil doesn't tell you to do good things.
In mass murder spree cases involving six or more victims, all of the killers, including James Holmes, carefully planned the attacks. Holmes had prepared for weeks before carrying out his military-style assault. This is not how seriously mentally ill people behave. James Holmes and the other killers, when they committed their mass murders, were sharply in touch with reality. They reveled in their crimes because they knew they were doing something so wrong it would shock the world. In essence, that is the motive for these atrocities, to shock and terrorize.
James Holmes and his murderous counterparts are known as sociopaths. They are angry sadistic narcissists who have no empathy or feelings of guilt. While usually loners they can be superficially charming and are often, like James Holmes, extremely intelligent. They possess personality disorders that cannot be fixed through counseling or medication. They are probably born that way. Because sociopaths don't walk around in baby-steps looking at the ceiling and talking to themselves, they are hard to spot. The world is full of jerks. How do you know if one is a sociopath? This is what makes these people so dangerous. Moreover, we seem to be developing into a nation of sociopaths.
Because criminologists, psychiatrists and psychologists hate to admit there are people they can't rehabilitate, they don't buy into the notion that some people are just bad. But that's what they are, evil. And that's how the criminal justice system should deal with them.
People who called James Holmes insane were equating deviant behavior with crazy behavior. Horrible crimes that cannot be rationally explained or understood by a normal person are not necessarily committed by individuals who are psychotic, that is, out of touch with reality. The old law school example of psychotic, homicidal behavior is the man, who while strangling his wife, thinks he's squeezing an orange. Indeed, to be legally insane, the killer must be so mentally impaired that he's incapable of appreciating the criminal nature and quality of his actions. The popular term for this legal standard of insanity is called the right-wrong test.
To avoid criminal culpability for a criminal homicide on the grounds of insanity, the defendant has the burden of proving (people are presumed sane) by a preponderance of the evidence that he was so mentally ill he didn't know right from wrong. For defendants raising the insanity defense there is a problem: in reality, even in cases where the defendant at the time of his crime was suffering from some form of schizophrenia, the killer was still aware of the consequences of his act and that it was wrong. In other words, there is no such thing as a mental sickness that produces a state of mind that meets the legal definition of mental illness. The paranoid schizophrenic who strangles his wife not only knows he is not squeezing an orange, he is aware is he killing his wife. And although the devil may have told him to do it, he knows it's wrong because the devil doesn't tell you to do good things.
In mass murder spree cases involving six or more victims, all of the killers, including James Holmes, carefully planned the attacks. Holmes had prepared for weeks before carrying out his military-style assault. This is not how seriously mentally ill people behave. James Holmes and the other killers, when they committed their mass murders, were sharply in touch with reality. They reveled in their crimes because they knew they were doing something so wrong it would shock the world. In essence, that is the motive for these atrocities, to shock and terrorize.
James Holmes and his murderous counterparts are known as sociopaths. They are angry sadistic narcissists who have no empathy or feelings of guilt. While usually loners they can be superficially charming and are often, like James Holmes, extremely intelligent. They possess personality disorders that cannot be fixed through counseling or medication. They are probably born that way. Because sociopaths don't walk around in baby-steps looking at the ceiling and talking to themselves, they are hard to spot. The world is full of jerks. How do you know if one is a sociopath? This is what makes these people so dangerous. Moreover, we seem to be developing into a nation of sociopaths.
Because criminologists, psychiatrists and psychologists hate to admit there are people they can't rehabilitate, they don't buy into the notion that some people are just bad. But that's what they are, evil. And that's how the criminal justice system should deal with them.