The preliminary hearing this week for James Eagan Holmes, the alleged shooter who murdered 12 and injured 58 during a July 20, 2012, rampage in an Aurora, Colorado movie theater, is once again raising questions about the insanity defense.
I suspect that the public often doesn’t understand a key point in insanity cases. The determining factor is not whether a person has a mental disorder or even the severity of his illness. It is whether his mental illness prevented him from being able to tell the difference between right and wrong.
Here’s my view on why that’s a poor standard.