It may not be brain scans, but it seems just as ridiculous. Jared Loughner, the man behind the January 8th shootings in Arizona that left 6 dead and 13 injured, is seeking the insanity plea in order to avoid trial. In May, he was ruled mentally incompetent to stand trial and was placed in a psych ward, and now his lawyers are seeking a similar decision. In order to establish this, they have taken to digging deep into the lives of Mr. Loughner’s ancestors. They have subpoenaed the records of 22 of his relatives, dating back to 1893. Although two psychiatrists have diagnosed Mr. Loughner with schizophrenia, it would help the insanity plea if it could be established that mental illness runs in the Loughner family.
I have no issues with someone using the insanity plea. If someone is suffering from mental illness, a distinction should be made in their sentencing (ie. psych ward vs. prison). It seems to be a fact that Mr. Loughner has a troubled past, and from the media coverage it seems that he does in fact suffer from schizophrenia. However, I completely disagree with the use of deceased people’s medical records to prove mental illness in the family. It just seems too farfetched. I understand that mental illness is a viable defense in a criminal case but this just seems unnecessary and a violation of privacy. In the article, a law professor from Vanderbilt actually mentions that this is the most effective way of proving mental illness aside from having a “brain scan showing mental defect.” I think this is quite ironic being that both these options, in my opinion, are anything but effective.
