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View Diary: No Fifth Amendment for Aurora Shooter - Judge Approves 'Narcoanalytic Interview' Using 'Truth Serum' (182 comments)

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  •  I Used to Practice Criminal Defense in Virginia (5+ / 0-)

    and there's a provision in the law here that even if a defendant is found guilty by a jury, or even by a judge in a bench trial, one of the dispositions can be that the judge places him in a mental hospital rather than in jail. Of course, in Virginia, the judge always has to affirm a jury verdict and the jury's sentence so it's possible, though rare, a judge could reverse a jury verdict.

    Also here, once found NGRI, the court has to review the defendant's placement in the hospital every so often so, in theory, the judge could release a defendant against the hospital's recommendation if he can produce evidence he's no longer a threat. That's going to be rare too.

    Not trying to make light of the Mississippi case you mentioned but it reminds me of that Bob Marley song about shooting the Sheriff but not the deputy.

    "The problem with posting quotes off the Internet is you never know if they're genuine."--Gen. George Washington at the Battle of Gettysburg, February 30, 1908

    by Aspe4 on Thu Mar 14, 2013 at 07:57:26 AM PDT

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