
The nation been deeply affected by the horrific events of July 20, 2012, when James Holmes entered an Aurora movie theater with a plan that spanned months of thought and effort. When it was over, 12 people were dead.
Now, everything is coming together. The number of potential jurors has dwindled from the overwhelming 9,000 to 68, and the final jury will be selected in April. Judge Carlos Semour predicts the trial should be over by Labor Day.
It has been over three years, and in that time we have heard about Holmes’ suicide attempt, his fragile mental state, and how he is behaving in court. He was allowed to plead not guilty by reason of insanity.
Amid all of the reporting on Holmes, we have lost focus. One picture paints him as a sad man, wronged by society, struggling with mental illness, seemingly sad and fragile. A victim. We enter dangerous ground when we begin to feel sorry for Holmes instead of truly holding him accountable for his actions.
Giving people the option of an insanity defense can offer a sane criminal an escape. Essentially, he is able to turn a blind eye to his actions and gain the sensitivity and hearts of those who have the ability to free him from his horrible actions.
Victimizing the guilty party with an insanity plea also allows us the ability to absolve ourselves as possible factors for the bad behavior.
Does an insanity plea make it easier to assign acquittal? Does this really hurt or help the system?
I believe that mental instability can offer those who want to commit a crime the hope that they will get away with it or have an easier or more bearable sentence. In Holmes’ case, it allows him the possibility of life, which his victims won’t have.
Just recently, a man burned his house down after writing, “My wife is a cheater.” But he says he didn’t remember doing it because he was drunk. He is setting up a situation in which he is the victim, a scorned man who doesn’t deserve the consequences that should accompany his actions.
We really need to start asking ourselves if mental instability should play a role in the justice system — especially when it can be utilized as an escape for the culprit.
Morgan Lowe is a recent graduate of the University of Colorado at Boulder. Colorado Voices is an annual contest offering readers an opportunity to write commentaries for The Denver Post.
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