Posted by Larry Hoover on February 7, 2006, at 9:53:49
In reply to Re: Interesting.... » James K, posted by AuntieMel on February 6, 2006, at 8:19:45
> The only question at the trial was whether she knew "right" from "wrong." She thought that drowning her kids was "right."
I wish that was the only question at trial. It wasn't though. The jury did not understand Texas law, and it was illegal for anyone in that courtroom to tell them what Texas law really was.
> My twisted logic says she was either insane (and what she thought was "right" was really wrong) - or she was not insane (and what she thought was "right" really was right.)
>
> I can't believe the second one.Sorry, Mel, but in the interest of keeping similar thoughtlines together, I've also pasted in something Gabbi said:
"I'm just glad I'm not in the position to have to make a decision on it for others."
And how would you feel, as a juror, if you made such a significant decision under false pretenses?
Under Texas law, the jury had two "she did it" options. If they found Andrea Yates guilty under the criminal law, she would be sent to a state prison for life without parole. It's the other option that they didn't properly understand. The jury believed that if they found her not guilty by reason of insanity that she would go free. That's not the case. And it was illegal for anyone, even the defense, to raise the actual law in that courtroom. The jury convicted because they thought their choice was life in prison or freedom (according to interviews held after the trial). Instead, Andrea could have been sentenced to a secure psychiatric facility for a term equivalent to that for which whe would be held if she was found to be sane. At least it would have been a place where she could receive proper treatment.
I did look up Texas penal law at the time, but I no longer have the reference on my computer, so it must be in my old hard drive somewhere.
Lar
poster:Larry Hoover
thread:605722
URL: http://www.dr-bob.org/babble/poli/20060204/msgs/607179.html