Posted on 12/08/2001 9:38:39 AM PST by Bowana
The Depression Defense Should Not Be Allowed
There is a huge injustice that is about to be perpetrated against the people of this entire country. This injustice will especially hurt the survivors and families of the victims of the tragic murders in Wakefield Massachusetts this past December. My deepest sympathy goes out to the families of the victims in Wakefield. The full joy of the holiday season will never completely return to these families due to the actions of one sick individual.
The injustice that is about to occur comes to us in a statement from Michael McDermott's lawyer, Kevin Reddington. Michael McDermott was indicted on Friday February 16th, on 7 counts of murder. After the indictments were handed down Mr. Reddington stated that "McDermott was undergoing psychiatric treatment and taking medication, and that he may pursue an insanity defense."
The insanity defense or The Depression Defense as I like to call it, is actually plead as Innocent by Reason of Insanity. There is not a shadow of a doubt that Michael McDermott committed these crimes. To claim that McDermott is Innocent for any reason is a total injustice to every citizen in this country. This man is as innocent as Judas. This man is as innocent as Adolph Hitler. This man is as innocent as Timothy McVeigh.
If the Oklahoma City bomber, Timothy McVeigh, had tried to plead Innocent by Reason of Insanity, the entire country would have been up in arms. The citizens of this country would have spoke out from every corner of These United States to abolish the insanity plea. Being insane does not remove the guilt for an act of crime.
The blame must lie with the criminal and not with his state of mind or with the items he used to commit this crime. This was a big man that could have used his hands, a bat, a knife, or a bomb which he had already made at his home. People must be held Personally Responsible for their actions. It is not the cigarette when people choose to smoke, and it is not the firearm when people choose to use it illegally. What it comes down to is Personal Responsibility Period.
Even though the blame lies totally with the sick individual, his sickness should not be allowed to be used as a defense for his actions. If there is responsibility to be shared, there were others involved. These were the doctors that had treated this man for his depression. Another weapon in this case was the pen of the doctors prescribing anti-depressants. By writing these prescriptions their fingers were on the trigger as well.
Anti-Depressants may help many people, but these doctors need to pay much closer attention to their patients. The problem with these drugs is not over-dosing but abruptly stopping the medication. When a patient stops taking these anti-depressants they suffer withdrawal symptoms including severe depression, aggressiveness, and psychopathic and suicidal tendencies. People on these medications need to be monitored more closely and that's a problem for the medical society.
Some responsibility has to fall on the State of Massachusetts. The anti-firearm zealots are so overbearing on tracking legal firearm owners and tracing every legal firearm that they are over looking criminals that should be tracked, traced, and charged with firearm violations. Michael McDermott had a legal firearm license with the state and he let it lapse. The State of Massachusetts knew that McDermott owned firearms and when his license was not renewed then Massachusetts should have gone after him to investigate why the license wasn't renewed. If the State of Massachusetts had spent some time enforcing the laws that they already have instead of making new laws that just create a mountain of paperwork for honest firearm owners, then possibly this tragedy could have been avoided.
The fact that Michael McDermott is sick and has a problem with depression, does not take away the fact that He committed the crime. Innocent by reason of insanity is a LIE, A Total Falsehood. To be innocent is to be found not to have committed the crime at all. If you are insane and you commit a crime, you did it. You are guilty. What we need is a New Plea and that should be, Guilty, But Insane.
The Depression Defense, which has been brought up in the Wakefield, Massachusetts tragedy, has no place in our justice system. Put them in a hospital and when they are better, let them serve out the remainder of their punishment in prison where they belong.
GUILTY, BUT INSANE!
This column originally ran on Tuesday March 27th, 2001.
This bill:
I. Changes the plea of "not guilty by reason of insanity" to "guilty but insane."
II. Requires that a defendant who is found guilty but insane shall, upon release from the secure psychiatric unit or upon certification that such person no longer suffers from a mental disease or insanity, be required to serve 25 percent of the time remaining in the sentence, or 25 percent of the time remaining until such person is eligible for parole, in a state prison facility.
The NH General Court bill search site: NH BILL SEARCH
Just enter HB1189 in the Bill number section for the complete status of the bill.
Not true...it took the efforts of thousands of people and years of work to guarantee that a deranged fool could waltz into that building with a 12 gauge and an AK-47 and be met with no resistance. Sarah Brady gets a pack of Camel straights for Christmas from gundog.
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