OCR Text |
Show Wednesday, July 7. 1982 - Page 20 Comment Wednesday, July 7. 1982 Hatch Wants Insanity Reform Insanity Defense is Insane Did the accused commit an act that injured somebody else or didn't lie? It could be argued that all criminals art "insane" to some extent. Even so, many people ( if not most ) would say that a jury, formulating a judgment, should consider whether a man was in control of himself when he committed a crime. One might even feel compassion for someone who, ia a blind, hypnotic trance, committed a real issue: By RANDALL WRIGHT Use of "temporary insanity" as a legai defense for barbaric criminal acts has itself been pushed to the point of insanity in the John W. Hinckley case. g The semantic employed by allegedly intelligent psychiatrists and lawyers to determine whether Hinckley really knew what he was doing when he shot the president of the United States (an attack that also ruined the life of a gifted presidential aide and blasted the flesh of a dedicated police officer) makes one wonder if society's upper crust is getting too erudite for common sense. 'Intent'' is a money-makingame that lawyers love to play, haggling over just how guilty the accused party is. But for we simple-minde- d citizens who simply want the confidence that comes when courts render rational verdicts and impose just sentences, the intentions of the criminal are only an interesting footnote to the hair-splittin- murder - barely remembering the act afterward and feeling genuine remorse. Such circumstances, however, while bringing to light important facts that may help avoid excessive punishment, do not erase the fact that an injury to someone else has been inflicted. But how can a man be acquitted of a crime to which he readily admits and which the whole world has witnessed dozens of times in taped reruns on the evening news? Innocent by reason of insanity? How can intelligent jurists argue that John Hinckley's animalistic attack on fellow g human beings deserves to be excused? Hinckley's act was not that of a adolescent, carried out in the heat of passion. It was, for whatever motive, a carefully premeditated and executed crime - a crime for which he feels no contrition. love-craze- d One gels the feeling that the lawyers and psychologists would prefer to believe that because Hinckley is deranged he is incapable of hurting anyone. But he did hurt someone, and he should be punished along with the other insane criminals of the world. By CARL T.BELL how does the defendent plead?" the judge asked casually. "Not guilty," I replied, trying for a little calm. "Not guilty? That's preposterous!" he retorted. He had obviously thought I'd plead guilty. "That's right," I said. "Not guilty, by reason of insanity." "That's crazy!" he shouted at me. "Exactly," I replied. I hadn't expected my defense to be so easy. "I don't mean crazy," he quickly retracted. "I mean, uh, absurd!' "Whatever." He wasn't hurting my case. This is a simple traffic court, Mr. Bell," he exclaimed. "You are charged with driving fifty miles per hour in a school zone, and driving through Mrs. Adamson's flower garden when you screeched to a halt." I held my peace. "Well?" he demanded angrily. "What do you have to say?" "Not guilty," I replied, still trying for a little calm. ' "Okay, then," bellowed the judge disgustedly. "Let's review the itsy bitsy details of this case, should we?" It was a hot night. Others waiting their turn in the courtroom rolled their , eyes "It says here on impatiently. Officer McHenry's report that he clocked you going fifty miles per hour at precisely 3:05 p.m. on Tuesday, May 26 right in front of the Lincoln Elementary School." "Not so," I stated in self defense. "He clocked you with radar," said the judge sarcastically. "So what?" I asked. It was irrelevant. "So what?" he echoed in loud voice. "It was a brand new radar unit, just checked. It was your car, your driver's license, and at least twenty room mothers saw you as they were leaving school with their children. You completely tore up Mrs. Adamson's flower garden which she had just watered, and besides, a neighbor was taking video movies of his family next to the school and filmed the whole twenty-mile-per-ho- thing." "I didn't do it,' I said. "I'm innocent." There was a snicker from the bailiff, but I paid no attention. "Well, now," the judge said "would mind snidely, you explaining to the court just how you consider yourself innocent?" "Not at all," I stated. "First, "Not me," said I. "A guy would have to be crazy to do something like that." I could see ol' Judge gritting his teeth. He looked despondently at the letter, then around his courtroom, and finally at me. "You know, Bell," he said pathetically, "I think you ARE nuts. Plain nuts! And I'm not gonna waste any more time with you." He raised his eyes toward the ceiling and shook his head. "Innocent!" he proclaimed, slamming his gavel down on the pulpit he presided from. "Great!" I exclaimed, and grabbed my wife to leave. "Just a darned minute!" came the Judge's voice. "What now?" I turned and asked. "You may be 'innocent' old buddy," he said wryly, "but if you're crazy like you say then we'd better lock you up for a while in that fancy state hospital over in Lakeville." He thought he had me. I could see the smirk emerging on his lips. "But I'm not crazy now," I contended. "It was just that day, for that one moment really. Temporary insanity I'd call it, you know? Anybody can see I'm okay now. Look how clearly I can reason." The courtroom gathering was with me now. One old drunk broke into applause. "They wouldn't take me for a patient. They'd think you were the crazy one for sending me over. They'd let me go the same night." The Judge's face was flushed, and I could see the muscles in his neck tighten. "Get out of here, Bell!" he shouted angrily. "Out, before I crack your head open with this gavel to prove there's nothing inside!' "I'm going, I'm going." "What about my garden?" wailed Mrs. Adamson. My wife had parked the car just outside. We hopped in and sped off rubber and quickly, burning brushing back a pedestrian in the crosswalk. But not before hearing the next defendent before the judge. "And how do you plead Mr. though, where did Officer McHenry say he was parked?" "Right in front of the school." "In plain view?" "Plain as day." "And there were kids all around in the street that could have gotten hurt?" "School gets out at three o'clock, Mr. Bell." "And Officer McHenry is accusing me of driving fifty miles per hour right there in front of the school in a zoned and slamming on my brakes with all those kids around and teachers watching and him parked right there in plain sight?" twenty-mile-per-ho- "That's right." "Well I'd have to be crazy to do something as foolish as that." "I certainly agree," said the Judge with an air of disdain. "And if I'm crazy, that's the same as being insane. And if I was insane, I wasn't responsible for my And if I wasn't driving. responsible, then you can't find me guilty. So I'm innocent, and that's the same as not doing it, wouldn't you say, Judge?" "Huh?" he muttered feebly, his eyes now in a bit of a glaze. "What about my garden?" hollered Mrs. Adamson from behind the bannister. "I didn't do that either," I stated bluntly. wife "That's right!" my interjected from the courtroom. "I found this old high school book report in his closet about A.J. Foyt. He says that A. J.'s his hero, and he wished he could drive just like him through the congested streets of Monte Carlo." are suddenly "My sinuses congested," complained the judge. "Anybody got some Dristan?" "I wrote that years ago when I was a kid," I interjected. "But you kept it," my wife replied. "It was returned without a grade," I argued, now trying for a little dignity. here it is, Your "Anyway, Honor." She came forward and handed it to the judge. "And it says that someday he hopes to have that wreath of flowers around his neck too, just like A. J. gets when he wins at Indy. So that's why he would have driven Mrs. through Adamson's garden, you see. He just wasn't himself that day." 'Ah hah!" came the Judge. "Then you admit driving through Mrs. Adamson's garden?" may be prompted to act on a variety of other criminal justice reforms that will a proper balance between the rights of criminal defendents and the rights of victims and society. My insanity defense reform, which by the Reagan supported would make two administration, major changes in the way this defense operates in federal courts. First, and most important, it would redefine the insanity defense so that juries are faced with the basic "Did the defendent question, INTEND to kill his victim?" Under is (But it Helps) to Officer Delahanty's of shooting him and the charge president of the United States?" the judged asked. "Innocent," came the reply. "Same as that other guy." Hinckley, The Stihl " 032AV was designed for professionals, farmers, foresters, contractors and anyone who needs a heavy-duty-, lightweight chain saw. So, it your woodcutting needs are more than average, you jejjjpjpf need more than the ifiBfifep average chain saw. Come try the Stihl 032AV. . - m FREE Woodcutters Kit Value $60.00 HUNTS TOMATO SAUCE ton Rrg Retail 8 ot DIXIE 9" PAPER $t 25 5 MARTHA WHITE CAKE MIXES Reg Retoil 39 POST RAISIN BRAN 25 oi pkg Keg Retail $2 19 37 Of 54 KETCHUP bottle Reg Retail $109 ea rs 10 99 PLATES 100 count Reg Retail $1.19 HUNT'S TOMATO 38 POWDERED c OTC 3J $199 89 & BROWN 'IMS tmmmnmm m m -- GRANULATED 5C lb Bag Vacation Tiime Specials JELLO GELATIN 3 ot Req. Pf!-j- il P155-1- 2 Black '38.95 P155-1- 3 Black $40.95 P165-1- 3 Black $41.95 P175-1- 3 Black $44.95 P19570-1- 4 Reg. Retail i9 rrilCY RBTUDnnll 45 99 ?Ply Ml ?PI TISSUEooo 4 Ron Pock Keg Retail Ji 19 COCOA 5 bag $4 pound retail 1895 4 P20575R-1- 4 P21575-R-1- TOT" " OO O $49.95 Black $51.95 4 P21575R -- P22575R-1- 5 P23575R-1- 5 ws $55.95 ws ws $57.95 ws $64.95 15 Mount j Computer Balance $66.95 ws Plus j $59.95 ws a FREE $68.95 F.E.T. 89 45 Reg M. V. Specials n5v P235-1- 5 175 NORTH 1200 WEST, OREM NORTH END OF MILLER SKI BUILDING NOP OPEN 10 AM TO 8 PM GUARANTEED UTAH'S LOWEST FOOD PRICES 950-16.- 5 plus F.E.T. 540 E. State Road-America- n Fork ply Gillette Hwy $68.95 SR $79.95 TireS UJimlilininitedl I 75046 8 Blk Uniroyal Laredo use Foods 1 P19575R-1- Black A 3.1 ORI TOWELS HI AA Twin Steel Radials 32 SUGAR largest Selling Chain Saw Come in and cut a log with one of our Demonstrator Models Many Prizes To Be Given Away Come After the Parade Noon Reg. Retail 32 ni if 23 1 imiL. The World's Monday , IV , after answer any questions Deadlines lb Bag. Reg Retail 36 lb $100.00 parade on Sat., July 10, hand to New SUGAR wpurchase Still rep will be on Compare our Prices and You'll Save! 0 -- Come to our Demo Day Price good with this ad only June 24 25 26 Peoi. Bwons & Corn 16 ei. can Rq. Retail 44 remain in fear of Hinckley's release. Unfortunately, none of this is now the case. mfMmmum P185-70-1- 4 DEL MONTE VEGETABLES the present law, the fundamental question is far different. Instead of focusing on the defendent 's intent, present law is focused on series of complex psychiatric questions that divide even most psychiatrists: "Did the defendent know right from wrong?", "Did the defendent have some irresistable impulse he could not control?", and so forth. My reform would make it far more difficult for an individual to prevail with a claim of temporary insanity, and would eliminate the present courtroom spectacle of psychiatrists battling it out with each other. The second major change in my reform would be to ensure that individuals who are GENUINELY insane would not be released to the streets (as may happen under present federal law but would remain confined in suitable instutitions. Under my legislation, James Brady, Thomas Delahanty, and the others seriously injured in the Hinckley attack would know that justice has been done. Others, such as Jody Foster, would not have to If anything good is to come out of last week's stunning decision that John Hinckley was insane at the time of the assasination attempt, it is that Congress may finaly be moved to act on this issue. At the same time, it Hinckley is not innocent because he is insane. He is guilty AND insane. That fact should be as obvious to the upper crust as it is to the rest of us. If the courts have not recognized such a category the in the past, it's a good time to ways in which criminals are judged. To be not guilty by "reason" of insanity is a contradiction in terms. You Don't Really Have to be Nuts "And By SENATOR ORRIN HATCH Less than a month before John Hinckley Jr. attempted to assasinate I the introduced President, legislation that would reform the federal insanity defense. If that legislation had been enacted into law at the time, I am confident that last week's Hinckley verdict would have been far different. 8 ply Uniroyal Fleetmaster $85.95 Phone 756-964- 9 plus F.E.T. plus F.E.T. New Summer Hours: XS i |