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Parkland school shooting: Possible paths for Nikolas Cruz’s defense
NBC News ^ | 02/17/18 | Danny Cevallos

Posted on 02/17/2018 6:27:03 AM PST by Simon Green

Following accused school shooter Nikolas Cruz’s first appearance in court on Thursday, his attorney for the hearing, public defender Melisa McNeill told reporters that Cruz is sad, remorseful, and aware of the impact of the shooting on the community.

These statements were empathetic and well-intentioned, but a prosecutor may try to use them against Cruz himself, whose defense options are diminishing as more information emerges about the shooting and his past.

Despite its depiction in popular culture, insanity is not an easy option in criminal cases. It is a huge gamble: It requires admitting to the underlying crime, and then proving additional facts excusing that crime.

In Florida, all persons are presumed to be sane. The defendant has the burden of proving insanity by “clear and convincing evidence.” A judge defines that for a jury as evidence that is precise, explicit, lacking in confusion, and produces a firm belief, without hesitation, that the defendant was insane.

If video and other evidence conclusively identify Cruz as the school shooter, then his attorneys might be forced to consider an insanity defense.

(Excerpt) Read more at nbcnews.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: banglist
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1 posted on 02/17/2018 6:27:03 AM PST by Simon Green
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To: Simon Green

If presented before a liberal judge, it has a much higher probability of success. After all, those types love blaming the tool, not the user.

And, in an way, liberal judges are indeed “tools”.


2 posted on 02/17/2018 6:28:58 AM PST by Da Coyote
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To: Simon Green

I’m really not concerned with how he feels. I’m concerned with what he did. The penalty is pretty simple and justice should be swift.


3 posted on 02/17/2018 6:31:09 AM PST by robroys woman (So you're not confused, I'm male.)
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To: Simon Green
This, from the same enemedia cabal making a dog's breakfast of the Politicolympics.

spit

4 posted on 02/17/2018 6:31:16 AM PST by tomkat
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To: Simon Green
"Insanity" in law means "inability to form criminal intent." If it can be proven that the accused was incapable of differentiating right from wrong, and that he did not understand that his acts were criminal, then he can plead insanity.

Since he cleverly secreted the weapon he used, and had threatened the school previously, that will be impossible to establish. He can NOT escape judgment on grounds of insanity.

5 posted on 02/17/2018 6:33:17 AM PST by IronJack (A)
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To: Simon Green

I suspect there is no effective. defense for what he did.

His lawyer is not going to chalk up a W on this one.

I read elsewhere that he wants to plead guilty if the state takes the death penalty off the table.

If that is what this turd wants, I am against it. No deals.


6 posted on 02/17/2018 6:35:20 AM PST by Haiku Guy (ELIMINATE PERVERSE INCENTIVES)
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To: Simon Green

Meet Judge Jack Nicholson:

https://www.youtube.com/watch?v=xsZPWsVNTqo


7 posted on 02/17/2018 6:36:08 AM PST by budj (combat vet, 2nd of 3 generations)
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To: Simon Green

Premeditated, therefore capitol punishment.


8 posted on 02/17/2018 6:36:25 AM PST by DocRock (And now is the time to fight! Peter Muhlenberg)
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To: Simon Green

There are the following to consider:

The Russians did it
Global warming caused it
White privilege
Poor diet
Lack of availability of abortion facilities
Trumps fault


9 posted on 02/17/2018 6:37:03 AM PST by Kartographer ("We mutually pledge to each other opleoour lives, our fortunes and our sacred honor.")
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To: Simon Green
In Florida, all persons are presumed to be sane.

Starting right off with a poor assumption.

10 posted on 02/17/2018 6:37:10 AM PST by Flick Lives
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To: Simon Green

There’s no defense, but issues Defense can use as partially mitigating:

School not reporting to police.
Police not taking action (Baker Act, etc.), after 39 visits.
FBI dropping the ball 9/17.
FBI dropping the ball 1/18.


11 posted on 02/17/2018 6:38:55 AM PST by MayflowerMadam (Have an A-1 day.)
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To: tomkat

“....Cruz is sad, remorseful, and aware of the impact of the shooting on the community.”....

Then the public can stop wasting money on a defense, Cruz admits guilt which in itself justifies the need for punishment. Consequences, like Karma can be a bitch! No need to hide behind the sanity issue.

Question: Was this kid paid (Soros) to do the deed while wearing a “Make America Great Again” cap?


12 posted on 02/17/2018 6:39:16 AM PST by DaveA37
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To: Simon Green

He will go mental illness, snapping because of his mother’s death. Also, the system failed to prevent him from carrying out his mentally ill plan - he should have been stopped, but wasn’t.


13 posted on 02/17/2018 6:42:48 AM PST by JudyinCanada
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To: IronJack
Here's the insanity defense in Florida: 775.027 Insanity defense.— (1) AFFIRMATIVE DEFENSE.—All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when: (a) The defendant had a mental infirmity, disease, or defect; and (b) Because of this condition, the defendant: 1. Did not know what he or she was doing or its consequences; or 2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong. Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection. (2) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence
14 posted on 02/17/2018 6:46:18 AM PST by Sasparilla ( I'm Not Tired of Winning)
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To: Simon Green

Sorry NBC, he already admitted his guilt. All we need is a firing squad or scaffolding to be built.


15 posted on 02/17/2018 6:49:51 AM PST by Midwesterner53
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To: Simon Green

“Cruz is sad, remorseful, and aware of the impact of the shooting on the community” I wonder if at least 17 families feel the same way? Any concern for them NBC?


16 posted on 02/17/2018 6:51:23 AM PST by Midwesterner53
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To: Midwesterner53
Sorry NBC, he already admitted his guilt. All we need is a firing squad or scaffolding to be built.

It typically takes 15 years or so to enforce a death sentence, so we might see him fry around the year 2033.

17 posted on 02/17/2018 6:52:58 AM PST by Simon Green
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To: Simon Green

They sure hurried it up with McVeigh, didn’t they?


18 posted on 02/17/2018 6:53:35 AM PST by dfwgator
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To: Simon Green
Let me guess...the gun manufacturer,the drug company that made the crazy pill he was on,the FBI,the Sheriff's Dept,Kelloggs (for the sugar they put in Coco Puffs)...

Oh,and President Trump for sure!

19 posted on 02/17/2018 6:58:49 AM PST by Gay State Conservative (Obama & Hillary: The Two Most Corrupt Politicians of My Lifetime.)
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To: Simon Green

He probably is insane. However, to me that is more of a reason to execute him. A truly insane person is a real danger to society.


20 posted on 02/17/2018 7:02:45 AM PST by captain_dave
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