Dark Knight Rises Shooter unlikely to avoid Death Penalty

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 1^st Degree Murder. In 1^st 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.

Do Cops Have the Right to Make Me Show ID if I’m Not Doing Anything Wrong?

Here is another question—complaint actually—that I hear often (usually from someone who just received a resisting arrest charge on top of marijuana possession): do cops have a right to ask for my ID if I haven’t done anything wrong?

Let’s take a look at what the Constitution says:

AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The right to be secure in your papers has been translated by our courts to mean your identification.  In other words, without probable cause the police officer has no right to ask you for your ID.  Having no right to do so without probable cause means that he had no right—yes, I’m repeating myself.  “Having no right” and “doing it anyway” is where most of you will get into trouble.  Cops are well aware that most of you could not spit out your rights under the Constitution and that most of you aren’t going to lawyer up, as they say.  So, they will ask for you ID. 

Now, what comes after the asking is very important to what will ultimately happen to you.  If you say something like: I don’t gotta show you my ID.  The cop may lie and tell you that you do or he may make up probable cause and force you to show it and if you don’t comply that’s resisting arrest.  The best approach is to calmly ask him: what is the “probable cause” for asking (you) to produce the license?  What does he think you’ve done wrong?  If there is nothing applicable to your situation you do not have to produce and it should remind him of your rights under the Constitution.

Remember, you do have the right to be secure in your papers, but you have to be smart about it.  Decide what is worth it.  

Lastly, if this is a road stop or check point where everyone is being asked to produce a license you’re stuck.  Just get it ready, be polite and try not to have weapons, drugs, or other illegal items in your vehicle.