# Eliz. Smart kidnapping suspect too disturbed for trial **URL:** \ **Category:** Great Debates\ **Created:** [December 19, 2006, 2:01pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773 "2006-12-19T14:01:03Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [December 19, 2006, 2:01pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/1 "2006-12-19T14:01:03Z")
[http://www.cnn.com/2006/LAW/12/18/smart.suspect.ap/index.html](http://www.cnn.com/2006/LAW/12/18/smart.suspect.ap/index.html) This guy is evil. I doubt he’s malingering; he probably really is nuts. And if it takes drugs to make him fit for trial, I say get out the needles. ---
**Author:** ![An\_Arky](https://avatars.discourse-cdn.com/v4/letter/a/87869e/32.png) [@An\_Arky](https://boards.straightdope.com/u/An_Arky)\ **Post date:** [December 19, 2006, 2:45pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/2 "2006-12-19T14:45:25Z")
Buncha horsehockey. If you’re mentally fit enough to hold people in your thrall, you’re fit enough to sit in a chair for a few days while they throw the book at you. [/armchair psychoanalyst] ---
**Author:** ![Menocchio](https://avatars.discourse-cdn.com/v4/letter/m/9de053/32.png) [@Menocchio](https://boards.straightdope.com/u/Menocchio)\ **Post date:** [December 19, 2006, 3:01pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/3 "2006-12-19T15:01:44Z")
[QUOTE=An Arky] Buncha horsehockey. If you’re mentally fit enough to hold people in your thrall, you’re fit enough to sit in a chair for a few days while they throw the book at you. [/armchair psychoanalyst] [/QUOTE] Why? The guy isn’t exactly wandering the streets. If he’s too crazy to participate in his own trial (and I have no trouble believing he is) then he’s still locked up. The only difference is that he’s overseen by Nurse Rached instead of Captain Hadley. ---
**Author:** ![Sunrazor](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sunrazor](https://boards.straightdope.com/u/Sunrazor)\ **Post date:** [December 20, 2006, 11:59am UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/4 "2006-12-20T11:59:31Z")
Yeah, I think we kinda’ saw this one coming a long time ago. It’s sort of the ol’ Catch 22 insanity thing, ins’t it? You gotta’ be crazy to kidnap a teen-age girl and wander the streets of her hometown with her, except that having sex with a teen-age girl is what every guy really wants, so he can’t be insane. Honestly, I’m a lot les interested in Brian Mitchell (as long as he’s confined) than in how Elizabeth is coping with life. It’s just one of those things that lets America sleep a little better at night knowing the kid is going to be OK. ---
**Author:** ![parthenokinesis](https://avatars.discourse-cdn.com/v4/letter/p/cc9497/32.png) [@parthenokinesis](https://boards.straightdope.com/u/parthenokinesis)\ **Post date:** [December 20, 2006, 4:44pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/5 "2006-12-20T16:44:46Z")
[QUOTE=Sunrazor] It’s sort of the ol’ Catch 22 insanity thing, ins’t it? You gotta’ be crazy to kidnap a teen-age girl and wander the streets of her hometown with her, except that having sex with a teen-age girl is what every guy really wants, so he can’t be insane. [/QUOTE] Dude, I can’t stand to even be in the same room as most teenage girls. Your assertion is so blanket, its stuffed with down and hand quilted by my Great Aunt Tillie. ---
**Author:** ![The\_Flying\_Dutchman](https://avatars.discourse-cdn.com/v4/letter/t/9fc348/32.png) [@The\_Flying\_Dutchman](https://boards.straightdope.com/u/The_Flying_Dutchman)\ **Post date:** [December 20, 2006, 5:01pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/6 "2006-12-20T17:01:41Z")
[QUOTE=Sunrazor] …having sex with a teen-age girl is what every guy really wants, so he can’t be insane. [/QUOTE] Speak for yourself. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 20, 2006, 5:06pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/7 "2006-12-20T17:06:51Z")
Remember that we’re talking about some different standards here. Insanity isn’t so much an issue right now, at least in the way I suspect the term is being used in this discussion. To stand trial, an accused generally must have a rational and factual comprehension of the charges against him and be able to lucidly consult with his attorney. That doesn’t preclude a finding, after trial, of insanity. In other words, an accused may be competent to stand trial, and insane. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [December 21, 2006, 4:03am UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/8 "2006-12-21T04:03:48Z")
**Bricker** , perhaps you could tell me-are there any states that have an “Insane, but guilty” plea/verdict? ---
**Author:** ![PBear42](https://avatars.discourse-cdn.com/v4/letter/p/ecccb3/32.png) [@PBear42](https://boards.straightdope.com/u/PBear42)\ **Post date:** [December 21, 2006, 5:29am UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/9 "2006-12-21T05:29:10Z")
According to [this site](http://law.enotes.com/everyday-law-encyclopedia/insanity-defense#current-status-insanity-defense-among-states), fourteen states permit the verdict, of which four (including Utah) have no not-guilty-by-reason-of-insanity defense. ---
**Author:** ![Sunrazor](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sunrazor](https://boards.straightdope.com/u/Sunrazor)\ **Post date:** [December 21, 2006, 9:10pm UTC](https://boards.straightdope.com/t/eliz-smart-kidnapping-suspect-too-disturbed-for-trial/384773/10 "2006-12-21T21:10:24Z")
[QUOTE=parthenokinesis] Dude, I can’t stand to even be in the same room as most teenage girls. Your assertion is so blanket, its stuffed with down and hand quilted by my Great Aunt Tillie. [/QUOTE] Well, I’m speaking in fantasy terms, of course. I have several teen-age neices, and you’re right, they’re irritating as hell. But if desiring sex with very young females is rare, how do you account for the thousands of prostitutes who specialize in “Lolita” persona? And before anyone casts any more aspersions on my morality, it’s part of my job to be aware of what’s happening in our American culture, and that’s what’s happening.