# Brian David Mitchell found GUILTY of kidnapping Elizabeth Smart

**URL:** <https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [December 10, 2010, 7:07pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690 "2010-12-10T19:07:22Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\
**Post date:** [December 10, 2010, 7:07pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/1 "2010-12-10T19:07:22Z")

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[CNN story](http://www.cnn.com/2010/CRIME/12/10/utah.smart.trial.verdict/index.html?hpt=T1&iref=BN1)

Whoo! Hoo! Justice has prevailed!

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**Author:** ![MPB\_in\_Salt\_Lake](https://avatars.discourse-cdn.com/v4/letter/m/c0e974/32.png) [@MPB\_in\_Salt\_Lake](https://boards.straightdope.com/u/MPB_in_Salt_Lake)\
**Post date:** [December 10, 2010, 7:13pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/2 "2010-12-10T19:13:54Z")

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Here in Salt Lake, this whole sordid story has been news for far too long.

Lock him up, throw away the key and let Elizabeth Smart live in peace as just another 20 year-old young woman…

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**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [December 10, 2010, 7:21pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/3 "2010-12-10T19:21:32Z")

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I hope they get him some professional help. The guy is obviously very disturbed.

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**Author:** ![Scuba\_Ben](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Scuba\_Ben](https://boards.straightdope.com/u/Scuba_Ben)\
**Post date:** [December 10, 2010, 7:27pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/4 "2010-12-10T19:27:54Z")

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> [@aceplace57](#):
>
> I hope they get him some professional help. The guy is obviously very disturbed.

I agree. I hope he gets sentenced to life without parole, and the prison system provides him with good medical & psychological treatment.

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**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\
**Post date:** [December 10, 2010, 7:29pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/5 "2010-12-10T19:29:28Z")

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My mind says good, he needs to be prevented from harming others, and spend either his life in jail or his life in a mental facility.

My heart says the jury should have exercised jury nullification and voted not guilty. After all, budgets are tight these days, both for prisons and for police protection.

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**Author:** ![Scuba\_Ben](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Scuba\_Ben](https://boards.straightdope.com/u/Scuba_Ben)\
**Post date:** [December 10, 2010, 7:33pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/6 "2010-12-10T19:33:55Z")

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> [@Ludovic](#):
>
> My heart says the jury should have exercised jury nullification and voted not guilty. After all, budgets are tight these days, both for prisons and for police protection.

IMnshO, I wouldn’t exercise jury nullification on the grounds of public safety budgets. I prefer to save the nuke option for bad laws and grossly misapplied laws. (But I haven’t had an opportunity yet to even consider it - never been through jury questioning, let alone empaneled.)

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**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\
**Post date:** [December 10, 2010, 7:44pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/7 "2010-12-10T19:44:11Z")

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Right, but I was speaking in code.

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**Author:** ![phouka](https://avatars.discourse-cdn.com/v4/letter/p/c5a1d2/32.png) [@phouka](https://boards.straightdope.com/u/phouka)\
**Post date:** [December 10, 2010, 7:47pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/8 "2010-12-10T19:47:15Z")

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If he were an animal, he would be put down.

Technically, he’s a human being and is allotted the same civil rights as you and I. In order to protect our own civil rights, we must recognize his.

So, life in jail, appropriate medical care, and absolutely no chance to ever harm another innocent. If it were possible, I would suggest he be submitted to scientific study to understand how a human being can become so twisted and evil, but he would have to consent, which I doubt he’ll do.

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**Author:** ![Scuba\_Ben](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Scuba\_Ben](https://boards.straightdope.com/u/Scuba_Ben)\
**Post date:** [December 10, 2010, 7:47pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/9 "2010-12-10T19:47:25Z")

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> [@Ludovic](#):
>
> Right, but I was speaking in code.

Ah thanks.

Let’s see… it isn’t ROTx, it isn’t Int’l Morse, it isn’t an Affine map…

Aha! The code is ASCII! 🙂

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**Author:** ![fuzzypickles](https://avatars.discourse-cdn.com/v4/letter/f/9d8465/32.png) [@fuzzypickles](https://boards.straightdope.com/u/fuzzypickles)\
**Post date:** [December 11, 2010, 1:24pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/10 "2010-12-11T13:24:33Z")

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> [@Ludovic](#):
>
> My heart says the jury should have exercised jury nullification and voted not guilty. After all, budgets are tight these days, both for prisons and for police protection.

Why do you say that? The guy’s clearly defective, and offers zero benefit to society. They probably can’t even trust him to make license plates correctly, let alone stay on his meds.

The only mercy I would show would be based on the fact that Elizabeth survived, and appears to be doing very well despite surviving an ordeal that would have destroyed nearly anybody else. She’s gonna be okay, she’s a survivor type.

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**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\
**Post date:** [December 11, 2010, 2:12pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/11 "2010-12-11T14:12:54Z")

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> [@fuzzypickles](#):
>
> Why do you say that?

Read the last part of the sentence, beginning at ‘both for,’ very carefully. I missed it the first time as well. 🙂

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**Author:** ![fuzzypickles](https://avatars.discourse-cdn.com/v4/letter/f/9d8465/32.png) [@fuzzypickles](https://boards.straightdope.com/u/fuzzypickles)\
**Post date:** [December 11, 2010, 4:44pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/12 "2010-12-11T16:44:25Z")

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> [@bobkitty](#):
>
> Read the last part of the sentence, beginning at ‘both for,’ very carefully. I missed it the first time as well. 🙂

😕  
Not sure what I missed, but that’s common sense to anyone observing from the outside looking in…n/m

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [December 11, 2010, 6:32pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/13 "2010-12-11T18:32:19Z")

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I think he should have been found not guilty by reason of insanity, then castrated and executed. If that’s not legal, convict him, clean him up, dye his hair blond and give him a nice do, tattoo ‘kid fucker’ on his forehead, and throw him in general pop. Elizabeth Smart needs the medical and psychological treatment.

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**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\
**Post date:** [December 11, 2010, 7:53pm UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/14 "2010-12-11T19:53:54Z")

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> [@fuzzypickles](#):
>
> 😕  
> Not sure what I missed, but that’s common sense to anyone observing from the outside looking in…n/m

Original quote:

> [@](#):
>
> After all, budgets are tight these days, both for prisons and **for police protection.**

(bolding mine)

**Ludovic** said it was code. Roughly translated:

Let the psycho off on a technicality; there isn’t enough money in any municipality’s budget to provide 24/7 police protection, so it’s just a matter of time before someone gets their hands on him and metes out a bit of backyard justice.

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**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\
**Post date:** [December 12, 2010, 2:19am UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/15 "2010-12-12T02:19:19Z")

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Bob is exactly correct. I hate the part of me that feels that way , but I can’t help the feeling. Life in prison it is.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [December 12, 2010, 3:31am UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/16 "2010-12-12T03:31:42Z")

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I’m impressed that Ms. Smart has emerged from this apparently together, strong and self-confident.

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [December 12, 2010, 3:39am UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/17 "2010-12-12T03:39:44Z")

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Every time I see a picture of her, I want to put my arms around her. I hope she can now live a normal, anonymous life, without media vultures and harridans like Nacy Grace badgering her for the salacious details of her rape.  
As for Mitchell, I’m down with throwing him in gen pop, making sure everybody knows who he is, and letting nature take its course.

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**Author:** ![fuzzypickles](https://avatars.discourse-cdn.com/v4/letter/f/9d8465/32.png) [@fuzzypickles](https://boards.straightdope.com/u/fuzzypickles)\
**Post date:** [December 12, 2010, 4:34am UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/18 "2010-12-12T04:34:45Z")

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> [@bobkitty](#):
>
> Let the psycho off on a technicality; there isn’t enough money in any municipality’s budget to provide 24/7 police protection, so it’s just a matter of time before someone gets their hands on him and metes out a bit of backyard justice.

Well…once anyone chooses to break the law or do something beyond the pale, they had BETTER make sure that Karma is on their side. Karma _always_ decides the outcome.

Myself, I prefer to let Fate do the dirty work, or allow some despicable person to create their own path to doom…it works more often than not. Try it some time, you’ll see exactly what I mean.

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [December 12, 2010, 5:01am UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/19 "2010-12-12T05:01:10Z")

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I like how the prosecutions arguments seem to boil down to “he’s not crazy, just mormon”.

Honestly it seems pretty clear that he’s psychotic. The amount of psychiatrist shopping to find someone to declare him fit to stand trial seems kinda sketchy.

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**Author:** ![Rhodes](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rhodes/32/273_2.png) [@Rhodes](https://boards.straightdope.com/u/Rhodes)\
**Post date:** [December 13, 2010, 1:30am UTC](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690/20 "2010-12-13T01:30:15Z")

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> [@Simplicio](#):
>
> I like how the prosecutions arguments seem to boil down to “he’s not crazy, just mormon”.
> 
> Honestly it seems pretty clear that he’s psychotic. The amount of psychiatrist shopping to find someone to declare him fit to stand trial seems kinda sketchy.

If we accepted the “God made me do it” excuse for criminal behavior, our entire justice system would fail. Either 1) God really did command Mitchell to kidnap and rape a little girl, or 2) he is faking the whole prophet/nutjob act, or 3) he is pretty nutty but able to recognize that his actions were wrong and illegal, or 4) he is completely insane and cannot be held accountable for anything. The jury decided on (3), based on some pretty compelling arguments from the shrinks.

[Next page](https://boards.straightdope.com/t/brian-david-mitchell-found-guilty-of-kidnapping-elizabeth-smart/563690.md?page=2)
