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| James Holmes appearance in Arapahoe County Justice Center |
Everyone seems to have an opinion about
James Holmes, the now infamous Dark Night Rises gunman. Speculations
made by “expert psychologists” are airing incessantly on nearly
every news channel in the US. The general consensus is that Holmes is
indeed suffering from some sort of mental health issue and will
almost undoubtedly be pleading insanity. However, legal experts are
saying James Holmes will probably get the death penalty of his
crimes.
In The State of Colorado v. JamesHolmes (12CR1522) charges are yet to be filed in court. Prosecutors
are expected to bring formal charges at the July 30 hearing. The
prosecution’s case is extraordinarily strong, with a veritable
mountain of evidence stacked up against Holmes.
The State of Colorado uses a verified
version of the M’Naghten Rule with the Irresistible Impulse Test.
The burden of proof is on the prosecution, but it’s clear they’ve
got that covered. With the severity of crimes and multiple instances
of extreme aggravating factors, avoiding the death penalty is going
to be a difficult feat for his attorney.
It’s certain that Holmes will be
charged with at least 12 counts of 1st Degree Murder. In
1st degree murder cases, the prosecution must prove that
the murders were pre-meditated and that they were committed in cold
blood. Proving both is no problem, as Holmes purchased thousands of
rounds of ammo and dressed in riot gear before he entered the
theater. It’s clear he intended to murder innocent people.
In New York State, capital punishment
guidelines are set forth in the Model Penal Code, and the defendant
has the burden of proof. This means the lawyer’s first duty in a
capital punishment case where the defense is insanity is to have
multiple expert witnesses evaluate Holmes and form professional
opinions that will stand up in court.
In order for an insanity defense to
work, Holmes must not have been able to tell the difference between
right and wrong at the time he committed the crimes and he must not
be able to comprehend the charges against him. But, the evidence is
so strong against him; an insanity defense may be of no use. It can
easily be proven that this was an especially heinous crime and
extreme sentences can and will be imposed.
