I don’t disagree, other than the legal definition could go a multitude of ways. As I stated…insanity is on the table.
Legal definition of insanity…
"Diminished faculties" but no charges says special counsel in Biden document case.
- Thread starter Orangeclad
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I don’t disagree, other than the legal definition could go a multitude of ways. As I stated…insanity is on the table.
Legal definition of insanity…
Insanity rests on 2 things, affirmative defense and burden of proof.I don’t disagree, other than the legal definition could go a multitude of ways. As I stated…insanity is on the table.
Legal definition of insanity…
criminal insanity
www.law.cornell.edu
The difference is the insanity defense the burden of proof is on the defendant that he was not of sound mind at the time of the criminal act.
Being found diminished capacity or not mentally competent to stand trial means youre crazy now and you might be guilty as hell but since you don't understand what's going on anymore we legally can't go to trial until the state proves you do understand.
Feel me?
Imagine this scenario.
old trick from ww2, in the military and OSS when people compromised operational security but charging them or court martialling them would result in further breaches of national security, they used to commit them involuntarily to mental institutions and keep them there til the war was over. A trick they no doubt learned from Lincoln, who used to have journalists that pissed him off arrested and locked in the bowels of a warship that sailed up and down the Potomac.
So imagine this, you throw uncle Joe in the loony bin, a government head shrinker determines he's not mentally competent and a bunch of the Dems problems disappear and they can continue business as usual indefinitely.
old trick from ww2, in the military and OSS when people compromised operational security but charging them or court martialling them would result in further breaches of national security, they used to commit them involuntarily to mental institutions and keep them there til the war was over. A trick they no doubt learned from Lincoln, who used to have journalists that pissed him off arrested and locked in the bowels of a warship that sailed up and down the Potomac.
So imagine this, you throw uncle Joe in the loony bin, a government head shrinker determines he's not mentally competent and a bunch of the Dems problems disappear and they can continue business as usual indefinitely.
Oh I feel you, and That’s my point. Diminished capacity likely means he will still have to be found guilty, just of a lesser crime. But a successful insanity plea, means no jail time. Not to mention, only certain jurisdictions allow for diminished capacity. Where would he be charged?Whereas insanity…doesn’t have those restrictions.
If you’re the defendant, you wanting jail time or nah? The defendant chooses the plea, not the prosecution. Again, insanity is on the table.
Chess not checkers, you feel me?
To quote:
“ A successful plea of diminished capacity would not earn a "not guilty" verdict, but merely a reduced sentence, under the federal sentencing guidelines.”
Also, the burden of proof falls on the prosecutor with both pleas. Do we know what Joes defense would be? Nope, could go a multitude of ways.
“ Insanity and diminished capacity are also defenses that can shift the burden of proof. If the defendant pleads insanity or diminished capacity, the burden of proof then shifts to the prosecutor to prove that the defendant was sane at the time of the crime”
diminished capacity
criminal insanity
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The next five years will be great if you love America! Finally will have a present that is America first instead of Ukraine, and illegal aliens.
If they find him incompetent to stand, they just stick him in a mental institution for "evaluation" and there is no trial.Oh I feel you, and That’s my point. Diminished capacity likely means he will still have to be found guilty, just of a lesser crime. But a successful insanity plea, means no jail time. Not to mention, only certain jurisdictions allow for diminished capacity. Where would he be charged?Whereas insanity…doesn’t have those restrictions.
If you’re the defendant, you wanting jail time or nah? The defendant chooses the plea, not the prosecution. Again, insanity is on the table.
Chess not checkers, you feel me?
To quote:
“ A successful plea of diminished capacity would not earn a "not guilty" verdict, but merely a reduced sentence, under the federal sentencing guidelines.”
Also, the burden of proof falls on the prosecutor with both pleas. Do we know what Joes defense would be? Nope, could go a multitude of ways.
“ Insanity and diminished capacity are also defenses that can shift the burden of proof. If the defendant pleads insanity or diminished capacity, the burden of proof then shifts to the prosecutor to prove that the defendant was sane at the time of the crime”
diminished capacity
criminal insanity
The shrinks at those places are brand new baby docs, fresh out of college, hearts still bleeding for the common man, cuz no one in their right mind wants to work for the peanuts the state pays. I saw that all the time, people pretending to be crazy and idiot shrinks working like mad to keep these innocent lambs from paying the piper.
Lol at you thinking he would go to a typical mental institution. It would be done in home, with a “shrink” of his choosing.
Again, a successful insanity plea would result in nothing. Diminished capacity would be reduced sentencing. Joes lawyers would be the ones deciding, and it may not even be possible for diminished capacity, depending on jurisdiction.
Just pointing out that you saying it isn’t an option, is a fallacy.
Supporting Ukraine is putting America first. Ronald Reagan must be rolling over in his grave.
Ummm. No.
Especially when we have massive problems at home, and 34 trillion in debt.
But glad you are easily manipulated.
SO reassuring.
I’d say he missed the boat or the ship has sailed but it would be a waste.
Bless his heart he’s all emotion and bluster. A perfect MAGA.
Ronald Reagan learned the hard way that the enemy of your enemy is simply not your enemy, not your friend.
Both sides are old Rus, whether they like it or not. It's an internal conflict between bad actors and as such, not even vaguely our concern.
They have nothing else - plus it feeds the crowd who are not ever going to win an IQ Derby.
You mean PRESIDENT?
I sincerely hope we do have a President who knows that Putin lives in the past and is attempting to recreate the old USSR and reclaim a spot as a world power. Did you sleep through your high school civics class? You must have. Americanism vs. Communism was a required course in Florida public schools.
Illegal Aliens is a separate issue and MUST be recognized as such. Don’t lump it with Ukraine.
Try saying that out loud one time.
I guess it is time to educate you AGAIN, grandma. Russia would never have invaded Ukraine if FJB would not have surrendered Afghanistan the way he did, displaying TOTAL incompetence concerning military matters. And you also sayvTHIS out loud. AMERICA FIRST. GET your old fashioned RINO way of thinking out of the way. Real Americans do not play unnecessarily war games anymore. Either come out and support FJB(like I suspect you will ). Or get in Americas team.
So as expected, you simply are incapable of answering the question? Get back to your crocheting, honey! At least you probably know something about that since it is in your DNA.
the dems knew all along joey’s mind was fried they just they could keep it under control and hidden
justthenews.com
Democrats unnerved after release of Hur report, Biden response: 'This is terrible!’
Democrat strategist James Carville said the party is in "Hail Mary mode."
justthenews.com
I did, it sounded exactly right
I don't support Putin. I support people fighting for freedom against dictators. Especially when you can do it without losing American lives.
Longtime posters on this site know me and are probably surprised that you don’t know that.
Were you actually a student at UF since you don’t know it’s a SITE and not sight?
Might wanna crawl back under that rock.
Bless your heart. America is and always will be FIRST with me. You know NOTHING about me, my heritage, my family’s love and service when it comes to our country.
You and the MAGA circle on here cannot see that neither of these two old men should be allowed in the White House come January of 2025.
Stick to fishing. I hope you’re better at that than you are at understanding what’s going on here.
I never think about it, period. But I don’t look at a man and woman walking down the street and think about them having sex either.
What a waste of my energy.
Trump is a leader and in total control of his faculties - joey is brain dead and what his handlers are going is tantamount to elder abuse- and he should be removed via the 25th amendment immediately
