Common misconceptions on insanity defense

How could James Holmes be able to say that he is not guilty by reason of insanity if he was able to plan everything out so thoroughly?

There appears to be a misconception that the more sophistication that is used in the commission of crime, the less likely that the person is insane. Actually, one does not preclude the other. Someone can be living in a delusion for quite some time and so long as during that period of time he or she could not appreciate the difference between right and wrong, the defense of insanity is plausible.

That is why the surfacing of the journal that Holmes sent to his psychiatrist before he went into the movie theatre is likely to become a hotly-contested issue in the case. It may show that Holmes was living in a Marvel Comics reality for months prior to the incident and support that he was insane for a while.

The real question that needs to be posed for purposes of insanity is was there a motive? Often times it is for revenge or greed. A typical murderer, besides having a lengthy criminal record, has a personal reason to take the life of another. Holmes does not have either of them.

What was James Holmes's motive to do what he did? Why would an intelligent graduate student with a bright future suddenly declare he is the Joker, slaughter innocent people that he has never met and throw his life away? It is difficult to pin down a genuine motive in this case.

It's almost as if a switch went off his mind and possessed him to do what he did. Thus far, that appears to be the only explanation. Add to this that Holmes was treating under a psychiatrist prior to this incident and it is becoming more and more clear that Holmes's mental health condition played a significant role in this situation. Perhaps he was taking medication that contributed to his conduct. Surely, more information will be developed in this direction.

Most people do not want to entertain an insanity defense. Understandably so, this was a terrible tragedy that no words can do just to describe. Therefore, the thought of Holmes not being subjected to punishment by Penal Code is tough for many to swallow. Then again, spending ones' life in a mental health institution is no paradise either. That is what would happen to him if he prevails on an insanity defense.

The defense will likely argue that what possessed Holmes was also a tragedy, in a different way. Imagine that Holmes really thought he was The Joker and that he was living in a movie. If something inside of him caused him to believe that he was doing the right thing, and he could not suppress it or see through it, then he was doomed by his own mental disease. Everything he worked for in life was taken from him not by choice, but by an uncontrollable sickness.

Early reports of Holmes psychiatric condition and conduct are forming the building blocks of an insanity defense. Having it all add up on paper is one thing. Getting a jury to agree with it is entirely different.