Chris Kyle murder case....

[Snaquebite]

Seems it's finally going to trial. I believe that this could be a very significant trial. It appears the PTSD is the main focus for the defense. Not only will the definition of PTSD be scrutinized but the rights of individuals who actually have PTSD will be dissected. In some ways this will be a good thing but I believe in others it will have negative results. Thoughts?

[Team Sergeant]

Yeah, let's now blame murder on PTSD.

How about we raised a shitty generation...... one that does not take personal responsibility for anything and thinks they're entitled to everything.

The other shitty side to that is we allow them to get away with murder.....

[craigepo]

If my reading is correct, the defendant is relying on a defense of "not guilty by reason of insanity". A quick rundown

Generally, there are two mental defenses in a criminal case: (1) insufficient mental competence to assist in one's own defense (not competent to proceed); and (2) not guilty by reason of insanity.

As to number 1, most states have a hearing to determine if the person is competent to proceed. If not, he will be shipped to a mental institution, to see if he can be treated to a point where the case can continue. If not, he will be stuck in jail for a long time.

As to NGRI cases, the defense is that the defendant was unable to understand the difference between right and wrong at the time of the alleged crime. If the state and defense don't agree, the matter will be submitted to a jury. At trial, there will be evidence of the crime, as well as a "battle of the experts", wherein both sides will hire psych docs to try to persuade the jury that the defendant was/was not able to differentiate between right and wrong at the time of the crime.

This makes for a pretty messy, long trial. They happen often, but both attorneys had better bring their "A" game. Murder trials get dissected by appeals courts with a fine-toothed comb.

[Javadrinker]

Originally Posted by craigepo

If my reading is correct, the defendant is relying on a defense of "not guilty by reason of insanity". A quick rundown

Generally, there are two mental defenses in a criminal case: (1) insufficient mental competence to assist in one's own defense (not competent to proceed); and (2) not guilty by reason of insanity.

As to number 1, most states have a hearing to determine if the person is competent to proceed. If not, he will be shipped to a mental institution, to see if he can be treated to a point where the case can continue. If not, he will be stuck in jail for a long time.

As to NGRI cases, the defense is that the defendant was unable to understand the difference between right and wrong at the time of the alleged crime. If the state and defense don't agree, the matter will be submitted to a jury. At trial, there will be evidence of the crime, as well as a "battle of the experts", wherein both sides will hire psych docs to try to persuade the jury that the defendant was/was not able to differentiate between right and wrong at the time of the crime.

This makes for a pretty messy, long trial. They happen often, but both attorneys had better bring their "A" game. Murder trials get dissected by appeals courts with a fine-toothed comb.

In Texas, and maybe in most states, the defendant is presumed to be sane and must prove that he was "not guilty by reason of insanity". Going to be hard to prove considering that he shot CK 5 times and killed Clifton also, not to mention taking the truck, running from the police, and other acts. He knew he'd done wrong.

disclaimer: I am not an attorney, but I did sleep in my own bed last night.

[Snaquebite]

I cannot verify any of this but this is interesting.
http://www.independentsentinel.com/e...made-him-kill/

ddie Routh served one tour in Iraq in 2007, at Balad Air Base (the 2nd largest U.S. installation in Iraq), with no significant events. No combat experience. Let me say that again, he NEVER SAW COMBAT or any aspect of traumatic events associated with a combat deployment (i.e. incoming mortar or rocket fire). He never left the base, EVER.

He held a non-combat arms occupation of 2111 (Small Arms Repairer/ Technician or more commonly referred to as an Armorer). Balad Air Base had a Pizza Hut, 24 hour Buger King, Subway, Popeye’s, Baskin Robbins, movie theater, and even a miniature golf course. It even had a strictly enforced 10 mile per hour speed limit! What a dangerous place…

His tour was comparable to being on a base in southern California, only with MANY more luxuries that were catered to the morale and welfare of the troops who occupied it. He was known to be a drug user and a below average performer while in the Marine Corps.

[JimP]

Its all the defense has. they'll play a "hail Mary" and swing for the bleachers hoping that something comes up that will assist their case.

Is the Death penalty on the table?

[The Reaper]

Originally Posted by JimP

Is the Death penalty on the table?

If there is any justice there, it will be.

TR

Originally Posted by Team Sergeant

Yeah, let's now blame murder on PTSD.

How about we raised a shitty generation...... one that does not take personal responsibility for anything and thinks they're entitled to everything.

The other shitty side to that is we allow them to get away with murder.....

I haven't heard PTSD being blamed. I believe Routh had been diagnosed as psychotic, and that medications failed to help. Why in the world did Kyle and Littlefield want to take a nut case to a gun range??? Sounds like Routh wasn't the only nut in the truck!

[Toaster]

Originally Posted by Snaquebite

I cannot verify any of this but this is interesting.
http://www.independentsentinel.com/e...made-him-kill/

As far as the nice things as that base I was there 08-09 doing C-RAM. I'll put forth my knowledge on that.

There was Indirect Fire (IDF) on the base. The alarm system when I was there was excellent, I'm certain that he heard them go off at least some point. Whether or not he was in an area he needed to take cover, I cannot say. The alarm system is loud.

There was not a Baskin-Robbins to my knowledge there...It was a Cinnabon in my time. There was also a Taco Bell. There was also an 2 Olympic swimming pools, one indoor and one outdoor. Civilian swimwear was authorized, at least for the Air Force Personnel, I don't remember Army. We had Saddam's Movie theatre playing new movies.

It mentions a stricly enforced 10mph speed limit, that may have been the housing area/by one of the PXs.

It was a very very cush base...My 1SG referred to it as "The Land of Milk & Honey". A very accurate description.

[89DTexan]

It sounds like the defense is grasping at anything they can. They even tried to get the case dismissed due to the release of "American Sniper".

[echoes]

Originally Posted by The Reaper

If there is any justice there, it will be.

TR

TR Sir, very well said Sir.