Not sure I agree with this but I do wonder how we could assess the shooter as sane enough to sit trial for his crimes. Anything that can kill 17 people in cold blood is INSANE and should simply be locked up for life or executed. Maybe that’s what DeSantis is saying.
I do not believe that people who kill 17 people are insane.
We have soldiers who do that and we kill animals and we don’t say any of those people are insane.
You can be perfectly sane and do all sorts of crimes.
If they are insane, as you believe, it is immoral and illegal to kill such persons, generally.
Competent to stand trial and not guilty by reason of insanity are not the same. The real question is whether the defendant have the ability to comprehend what they did was wrong and whether they will understand that the punishment is for that wrong. The mens rea element is what they intended to do, not whether they realized the crime they committed would create as much havoc as it did, or whether they agree with the punishment or that they feel guilty for committing the crime. Otherwise, there wouldn’t be any felony murder statutes. Many states have a “Guilty but insane” verdict for cases where the person is crazy, but clearly guilty as well.