Mentally Ill Require A Different Set Of Rules: “Crazy: A Father´s Search…”

Category Archives: criminalization of mental illness

The mentally ill require a different set of rules

Apr 16

Posted by exconned

Cover of "Crazy: A Father's Search Throug...
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By Pete Earley [04/14/2013- guest commentary in the Daily Camera]

Aaron Schaffhausen enters a St Croix County courtroom in Hudson, Wis., last month. Schaffhausen pleaded guilty of killing his three children, but he maintained that he shouldn’t be held responsible for their deaths because he was mentally ill at the time. (Elizabeth Flores, Minneapolis Star Tribune)

As the father of an adult with a severe mental illness, I am dismayed by a Colorado prosecutor’s decision to seek the death penalty in the Aurora movie theater attack.

Attorneys for the accused gunman, James Holmes, offered to have their client plead guilty in return for a life sentence without parole. That was not good enough for Arapahoe District Attorney George Brauchler.

After consulting with victims and their families on the July shootings that left 12 dead and dozens wounded, Brauchler declared that for Holmes, “justice is death.”

Only the most egregious cases should merit the death penalty, and despite the monstrosity of these shootings, executing a defendant who was receiving psychiatric care and who appears to have a severe mental illness violates that high standard.

Although a definitive diagnosis has yet to be made public, Holmes was seeing a doctor who specializes in treating schizophrenia. News reports say Holmes told a fellow college student before the murders that he had been diagnosed with dysphoric mania, a form of bipolar disorder. Common symptoms for both schizophrenia and dysphoric mania can include delusions and impaired reasoning. Both illnesses frequently surface in men during their early 20s. The causes of both are unknown but are not thought to be brought on by an individual’s own actions.

My son got sick when he was 22. Chances are, you too know someone with a mental illness. Those of us with mentally ill family members have seen how schizophrenia and bipolar disorder can distort our loved ones’ thinking and sometimes cause them to break the law. Their actions are symptoms of their disorders.

Mental illness does not excuse murder — a fact that Holmes’s attorneys readily acknowledged. But murders spawned in psychosis should be adjudicated differently from those for profit, jealousy or revenge.

Our legal system does a poor job in dealing with mentally ill defendants. The standard legal test is whether the defendant knew at the time of the crime the difference between right and wrong and whether he understood the consequences of his actions. But that’s often a fool’s reasoning when applied to an ill person’s mind. I once asked a convicted murderer with schizophrenia whether he understood that murder was wrong and that if he murdered someone, he would be punished. Of course he did, he quickly replied to both questions: “Everyone knows you shouldn’t kill people. I didn’t kill anyone. I killed an alien that had crawled into a baby’s body. I saw it go inside him.”

Brauchler’s Pontius Pilate-style explanation does not absolve him of his prosecutorial responsibility to use discretion in the face of public cries for blood. Nor is Brauchler, an elected official, delivering “justice” to the victims and their families. Sending Holmes to prison for life without parole would have brought swift closure while ensuring public safety.

Federal prosecutors agreed to spare the life of Tucson mass murderer Jared Lee Loughner, who was diagnosed with paranoid schizophrenia, after he pleaded guilty and accepted a sentence of life without parole for killing six and wounding 13, including Rep. Gabrielle Giffords.

Arapahoe County prosecutor Brauchler should have followed suit. Instead, he chose a road that will add more pain to an already unbearable tragedy.

Pete Earley is the author of “Crazy: A Father’s Search Through America’s Mental Health Madness.” This essay first appeared in The Washington Post.


Holmes Blames Therapist…

A drug-abusing inmate unleashed wild allegations about James Holmes, claiming that the suspected movie theater gunman said his therapist brainwashed him to commit murder.

Steven Unruh — speaking exclusively to the Denver Westword — said he had a four-hour conversation with Holmes in jail on July 20 after the graduate school dropout was brought in for allegedly killing 12 people and shooting 58 others.

Though locked in different cells, Unruh, 38, claims he heard Holmes slamming himself into the wall. By yelling across the hall, Unruh says he talked the 24-year-old out of committing suicide.

Officers with the Arapahoe County Sheriff’s Office disputed that detainees can communicate the way Unruh described, Nevertheless, Unruh — who was locked up on theft and drug charges — says Holmes described the massacre to him.

“He felt like he was in a video game,” Unruh said, according to the news site. The former doctoral student allegedly told Unruh that his therapist “programmed” him to carry out an attack.

There’s been a steady flow of sensational tales about Holmes’ behavior in the slammer. Shortly after his arrest, an unnamed jailhouse employee claimed that Holmes frequently spat at the guards.

In another allegation, a worker said that Holmes acted like he had amnesia and didn’t know why he was locked up.

While there’s no stopping the jailhouse anecdotes and recollections from seeping into the media, official documents pertaining to Holmes’ life before his arrest have been withheld. The University of Colorado — where Holmes was a neuroscience doctoral student — denied a request to release campus police records involving him, according to station KUSA on Nov. 25.

A judge had earlier imposed a gag order on the case, limiting the amount of information available to the public.  Continue reading…