Could Only Happen in a BLUE State.....

[GREEN607]

This could only happen in a liberal, left-leaning state, in this day and age.

Ten years probation, for attempted murder of a 16-month old child. WTH is wrong with these people? Who was the judge? And why did the prosecutor agree to this sentence, when he had a confession. Unbelievable!

https://fox59.com/2018/07/16/minnesota-day-care-owner-gets-probation-for-trying-to-hang-baby-boy/

 

[BehindBlueI's]

And why did the prosecutor agree to this sentence, when he had a confession.

Probably because

abandoned a possible insanity defense

and:

must follow court-ordered mental health treatment

The court would order competency hearings, and the prosecutor may have thought it likely she'd be found incompetent.

A bit more info: http://www.startribune.com/minneapolis-daycare-provider-who-hanged-toddler-from-noose-to-be-sentenced/488290231/

She's got 10 years back up time if I read it right. She doesn't follow through with the mental health, she can be put back in custody.

 

[GREEN607]

IMHO, she needs to lose her freedom entirely, for at least 15 years......... state hospital for the criminally insane- 15 years, or state prison- 15 years.

 

[HoughMade]

This could only happen in a liberal, left-leaning state, in this day and age.

Ten years probation, for attempted murder of a 16-month old child. WTH is wrong with these people? Who was the judge? And why did the prosecutor agree to this sentence, when he had a confession. Unbelievable!

https://fox59.com/2018/07/16/minnesota-day-care-owner-gets-probation-for-trying-to-hang-baby-boy/

Geez, everyone knows that young kids are too light to reliably die from hanging in any reasonable amount of time. You have to pull on their legs.

 

[fnpfan]

Geez, everyone knows that young kids are too young to reliably die from hanging in any reasonable amount of time. You have to pull on their legs.

that had not occurred to the suspect in question

 

[GREEN607]

Geez, everyone knows that young kids are too young to reliably die from hanging in any reasonable amount of time. You have to pull on their legs.

OMG........... Now we're giving 'instructions' to the psycho would-be child killers??? Crude.

 

[hoosierdoc]

Probably because and: The court would order competency hearings, and the prosecutor may have thought it likely she'd be found incompetent.

A bit more info: http://www.startribune.com/minneapolis-daycare-provider-who-hanged-toddler-from-noose-to-be-sentenced/488290231/

She's got 10 years back up time if I read it right. She doesn't follow through with the mental health, she can be put back in custody.

So if she’s incompetent to stand trial, doesn’t that begin mandatory treatment? It does not absolve you of the crime, it simply delays prosecution until you are able to be stable enough to provide for your defense, right?

if incompetent, do you go to a state psych facility or just roam free?

i don’t get it if i’m Correct. Either way she gets treatment, but in this way she’ll never be tried

 

[HoughMade]

So if she’s incompetent to stand trial, doesn’t that begin mandatory treatment? It does not absolve you of the crime, it simply delays prosecution until you are able to be stable enough to provide for your defense, right?

if incompetent, do you go to a state psych facility or just roam free?

i don’t get it if i’m Correct. Either way she gets treatment, but in this way she’ll never be tried

I think you are correct.

However, if she goes to trial, is found not-guilty by reason of insanity (or whatever term that state uses), there may be no mandatory treatment, and if there is, it may not be for long, and she will go free.

 

[hoosierdoc]

So you can get off on “insanity” plea and then walk the streets? Sounds like a clear immediate detention criteria to me if you just tried to kill three people and you’ve officially been declared insane

 

[HoughMade]

So you can get off on “insanity” plea and then walk the streets? Sounds like a clear immediate detention criteria to me if you just tried to kill three people and you’ve officially been declared insane

Some places yes, some places no. I'm no expert. They have clamped down in the defense in the last several years making mandatory treatment more common, but even then, the treatment is just until the person is deemed not to be a threat and not for a certain term of years.

 

[eric001]

I realize this may not be a popular idea, even on INGO, but I've always felt that if a person is competent enough to commit the crime, they ought to be competent enough to be punished for it--NO excuses, NO exceptions. I realize that the Law sees things differently, but I see "insanity" as a BS excuse...If they're insane, they need to be out of common society so they don't commit even more offenses, not just get to use it as an excuse to avoid consequences.

 

[femurphy77]

I realize this may not be a popular idea, even on INGO, but I've always felt that if a person is competent enough to commit the crime, they ought to be competent enough to be punished for it--NO excuses, NO exceptions. I realize that the Law sees things differently, but I see "insanity" as a BS excuse...If they're insane, they need to be out of common society so they don't commit even more offenses, not just get to use it as an excuse to avoid consequences.

It may not be as unpopular as you think.

 

[BehindBlueI's]

So if she’s incompetent to stand trial, doesn’t that begin mandatory treatment? It does not absolve you of the crime, it simply delays prosecution until you are able to be stable enough to provide for your defense, right?

if incompetent, do you go to a state psych facility or just roam free?

i don’t get it if i’m Correct. Either way she gets treatment, but in this way she’ll never be tried

.

[FONT=&amp]IC 35-36-2-3[/FONT]
[FONT=&amp]Finding of jury
[/FONT][FONT=&amp] Sec. 3. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall find whether the defendant is:[/FONT]
[FONT=&amp] (1) guilty;[/FONT]
[FONT=&amp] (2) not guilty;[/FONT]
[FONT=&amp] (3) not responsible by reason of insanity at the time of the crime; or[/FONT]
[FONT=&amp] (4) guilty but mentally ill at the time of the crime.[/FONT]

 

[Slapstick]

.

Under IC [FONT=&amp]35-36-2-3 ( https://statecodesfiles.justia.com/indiana/2015/title-35/article-36/chapter-2/chapter-2.pdf) there are 4 possible outcome as outline in BehindBlue1's post. Here's the basics and it only applies to Indiana.

Guilty, sentenced the same as if the insanity defense wasn't used

Not guilty, outcome the same as if the insanity defense wasn't used
[/FONT]
[FONT=&amp][FONT=&amp]Not responsible by reason of insanity at the time of the crime. Results in the beginning of commitment proceedings. Whether the person is committed or not is determined at a later hearing but until that is determine the person remains in custody.
[/FONT][/FONT]
[FONT=&amp][FONT=&amp]guilty but mentally ill at the time of the crime. Sentenced[/FONT][/FONT] in the same manner as if the person was found guilty of the offense.