Friday, August 13, 2004

Our Court System Is Insane!

In Plano, Texas, Lisa Diaz drowned her two children, ages 7 and 3. She admitted she did it, there was evidence that she did it. Her defense team never tried to refute that she did it. She was found not guilty by reason of insanity.

While it may be true that this woman is truly insane, how can she be found not guilty? This is my problem with the system. She did it – she is guilty. End of story.

I am not saying that her insanity should not be an issue. I believe it is a very real issue, but it is an issue for the punishment phase, not the trial phase. I don’t believe that a truly insane person should be put in the general population at the big house. They should be confined to a mental hospital and receive the appropriate care for however long is appropriate.

The fact that she murdered her two innocent children needs to be permanently attached to her record. What if the shrinks and the judge decide that her insanity was a temporary situation and release her into the world? Oh, you say, she isn’t really a danger to anyone else, why shouldn’t she go free? I’ll tell you.

My wife and I have recently signed up to teach pre-schoolers in Sunday School every week. As part of the process, we filled out a questionnaire so that the church could make sure we don’t pose a danger to the little ones. One of the questions on the questionnaire was “Have you ever been convicted of a crime?”

Now, imagine that your child is attending Sunday School and Lisa Diaz is signed up to help. She could truthfully answer “No” to the conviction question. Do you not think it is important that you, as a parent, know that she held her two beautiful girls under the water in the bathtub until they were dead?

I think it is pretty damn important. She should have been found guilty and then her sanity could have been assessed and addressed later.

I am not condemning the jury. They did their job. It is the legal system that didn’t do it’s job!


Anonymous said...

I have always said that there should be a "Guilty by reason of insanity" charge --my husband claims that everyone that kills someone is insane -so why be redundant...
Our legal system leaves much to be did it evolve from 'protect the innocent' to 'find any loophole to aquit the guilty'? sigh...

Daver said...

Amen, Ala71! I like the "guilty by reason of insanity" verdict! I could never serve on a jury in one of these cases - the rest of the jurors would try to kill me for not going with the "not guilty by reason of insanity" defense.

Frater Bovious said...
This comment has been removed by a blog administrator.
Frater Bovious said...

There is an interesting post relating to this over at buggieboy.

TWD, since you authored what I linked up there, what do you think of Daver's issue with the lady who drowns her kids and later applies to some day care? Should the prospective employer know about this situation. Basically, under the current circumstances, the Americans with Disabilities Act prohibits you asking about previous mental conditions, especially if you are back in the world. So, you could hire this lady unwittingly. What do you think of the guilty by reason of insanity angle?