Florida Criminal Lawyer Blog

Insanity is, surprisingly, a legal concept and not a term employed by therapists, psychologists, or psychiatrists, says Broward criminal lawyer William Moore. Only a small number of criminal defendants ever consider, much less use, insanity as a defense. There are several reasons, each as good as the next. One important reason is simply that most criminal defendants are not mentally ill. Another is that some would prefer to argue their innocence, whereas insanity is an affirmative defense: “yes, I committed the crime, but I should be excused” due to lack of culpability for the offense. A final reason is the fact that the insanity defense has a low probability of success, especially as the defense has become increasingly difficult to prove over the past three decades, notes Fort Lauderdale criminal lawyer Moore.

Florida uses the M’Naghten Rule for the insanity defense, says Broward criminal attorney Moore. The criminal defendant is presumed to be sane and must demonstrate that he is not. He must demonstrate that it is more likely than not that his mental capacity was so impaired that he could not differentiate between right and wrong. In practice, where a defendant asserts an insanity defense, he must undergo a competency evaluation. (Competency evaluations may also be ordered in other circumstances, such as when court-appointed counsel doubts a defendant’s ability to participate in his own defense, or when the accused may be mentally retarded and incompetent to stand trial as a result.) Two mental health professionals examine the defendant and form an opinion. If they do not agree about the person’s capacity, a third evaluator may participate.

If a person is found to be insane, such that he is not culpable for his crimes due to his inability to tell right from wrong, he may nonetheless be committed to an institution for treatment. To prevail on the defense, the defendant must have demonstrated that he did not have the bad intent to commit the crime. For example, a defendant accused of murder who cut another person, but was under the impression he was cutting a sandwich due to his delusions, cannot be held accountable for the act because he did not have the intent to murder someone. Also, because he was so unaware of what he was doing, the victim’s death was in no way a foreseeable consequence (to him) of his actions.

Jared Lee Loughner is the man accused of killing six people, including a federal judge and a nine-year-old child, and wounding 14 others in Tucson, Arizona, on Saturday, January 8, 2011, says Broward criminal attorney Moore. Congresswoman Gabrielle Giffords is among the wounded. Shot in the head at point-blank range, Giffords underwent surgery on her brain and remains in critical condition in the intensive care unit.

Loughner was forcibly detained at the scene of crime -- a constituent “Congress on Your Corner” event held by Congresswoman Giffords at a local Safeway -- by two individuals who were present at the event, notes Fort Lauderdale criminal attorney Moore. The gun used to carry out the slayings was also recovered when law enforcement officials arrived.

The portrait of who Loughner is remains fuzzy, but there is evidence that he is a young man with a troubled past. Despite any evidence against him, it is important to understand that he is innocent until (and unless) proven guilty by a court of law. Sheriff’s deputies executed a search of the home of Loughner’s parents, where he lives. There, they reportedly took pieces of evidence from the home, including contents of a safe. Media reports state that the safe contained an envelope with writing including the name of Congresswoman Giffords, “I planned it,” and “my assassination.” Further, they found a letter inviting Loughner to a Congress on Your Corner event back in 2007. One acquaintance has stated that Loughner previously met the Congresswoman several years ago and was unimpressed with her.

Loughner’s online life has generated significant interest. YouTube and MySpace have both taken down the content he apparently put up, but Loughner apparently previously uploaded various anti-government videos in which he railed against issues such as currency not being backed by gold or silver. His favorite books included the Communist Manifesto and Adolf Hitler’s Mein Kampf, says Fort Lauderdale criminal attorney Moore.

On the afternoon of Saturday, January 8, 2011, Congresswoman Gabrielle “Gabby” Giffords was meeting with her constituents at a Safeway grocery store in Tucson, Arizona, says Fort Lauderdale criminal attorney William Moore, recounting the now-infamous events. A large banner hung in the front of the store, announcing the weekend event. As the event got underway, according to law enforcement and media outlet reports, a taxi pulled up to the store carrying suspect Jared Lee Loughner. Loughner exited the cab, followed by the taxi driver, who apparently stated that Loughner did not pay the fare. Law enforcement officials initially sought the man to question him after he was seen with Loughner on Safeway surveillance footage, but cleared the taxi driver following their interview of him. After getting out of the taxi, Loughner is accused of opening fire on the crowd gathered there, possibly specifically targeting Congresswoman Giffords. A nine millimeter Glock was recovered at the scene.

As a result of these events, six people were killed and another 14 wounded. A federal judge, a nine-year-old girl, a 30-year-old employee of the Giffords office, and three elderly individuals were killed in the gunfire, notes Broward criminal attorney Moore. Originally, Congresswoman Giffords was widely reported among the dead. However, media outlets later retracted the story after her spokesperson and a hospital employee indicated that she was in fact in surgery after being transported to the hospital. Congresswoman Giffords was shot in the back of the head by a bullet that tore through the left hemisphere of her brain prior to exiting. Before emergency responders arrived on the scene, she was attended to by a 20-year-old intern who had medical training. He applied pressure on the exit wound on her head, stemming the flow of blood. The intern had started working for her office just five days prior to the shooting. Following surgery to remove bone fragments and dead brain tissue, GIffords remains in the intensive care unit, where she is heavily sedated and using a respirator. She entered surgery just 38 minutes after arriving at the hospital.

Loughner was detained at the scene by eyewitnesses to the attack. He was taken into police custody upon the arrival of law enforcement and later transferred to federal custody. Loughner faces federal charges including two charges of first-degree murder of a federal employee, two counts attempted murder of a federal employee, and one count of attempting to assassinate a member of Congress. He may also be charged separately by the state of Arizona. Loughner is presumed innocent at this time. Assassinations attempts on public officials are relatively rare in the United States. The most recent occurred in 1981, when former President Ronald Reagan was shot, says Broward criminal attorney Moore.