About the law and its fair, reasonable application

[Stinky The Clown]

I know everyone is innocent until proved guilty beyond the shadow of a doubt.

I know we all have the right to legal counsel, free of charge if we cannot afford it.

I know that every death penalty charge gets an automatic appeal.

I know all that.

This guy was found outside the crime scene. He fits the description of everyone in the theater. He led police to his booby trapped apartment and told them of the booby traps. He is on film taking possession of at least the ammo, if not the weapons, too.

There is no doubt whatsoever that he is the person who did this. it seems to me there is only one issue left. is he competent or not. If he is competent, and if he pleads guilty, will we be able to avoid a trial and go right to sentencing? Or does the fact it is a death penalty case change that?

Surely there is no hope this guy can get off. None whatsoever.






Note: even in this case, i am opposed to the death penalty.

[onehandle]

1. Prison is Hell. Far worse than death, and cheaper to the tax payer. nt

[Cary]

2. What are you asking, exactly?

Are you suggesting that we can dispense with the trial and just summarily convict this guy?

[Stinky The Clown]

3. If he pleads guilty, yes.

If he pleads not guilty, then no.

edit to add:

Read this excerpt from the OP. It is the money shot:

There is no doubt whatsoever that he is the person who did this. it seems to me there is only one issue left. is he competent or not. If he is competent, and if he pleads guilty, will we be able to avoid a trial and go right to sentencing? Or does the fact it is a death penalty case change that?

Was that unclear as to my question?

[Cary]

9. The purpose of your question was unclear to me.

No harm in asking you a question about it. Is there?

[Stinky The Clown]

10. Did I now make it clear?

[Cary]

12. I guess.

I am not a Colorado lawyer and I don't practice criminal law so I can't answer your question. I would assume that if he were to plea there would be a sentencing phase which would require a hearing on the merits.

[Bucky]

4. I take the post at surface level. Stinky wants him locked away for life, no parole.

I'm pretty sure this post has nothing to do with tossing out the rule of law or the full procedure of a jury verdict.

[Stinky The Clown]

5. Pretty much. But my question was procedural

If he pleads guilty and is found competent, do we still have to have a trial or can we go right to sentencing?

[Bucky]

7. Interesting question. I know some states in capital cases still require a full trial process.

Colorado is a death penalty state. I'll be damned surprised if this guy doesn't go for diminished capacity.
He'd be crazy not to, although it's probably too soon for irony.

[Warren Stupidity]

6. I think it is quite likely that he is insane.

That raises, in my mind, serious issues about how we treat insane people who commit crimes.

[Bucky]

8. Someone who can premeditate and plan this out and sneak in so effectively...

just doesn't have a reasonable case for diminished capacity. Being amoral a/o sociopathic is not the same as being insane. His very behavior during the incident demonstrates that he knew that what he was doing was wrong.

[Warren Stupidity]

11. I dont recall using the words "diminished capacity".

This is not a legal issue for me, it is an ethical issue. Punishing insane persons the same way we punish non-insane persons is, to me, an ethically compromised position.

[Stinky The Clown]

13. Diminished capacity does not mean the same as insane

One can be insane while being brilliant.