Should they be commited again?

davekc · Dec 24, 2012

Got me thinking with all the mentally ill talk/subject and school shootings. Thought of Jonesboro, AR. These were kids at the time and at 21 were set free. Mass shooters walking among us? They eventually changed the law, but should these two adults now be commited?

Looking Back: 1998 Westside Middle School Shooting in Jonesboro

Ragman · Dec 24, 2012

davekc said:
Got me thinking with all the mentally ill talk/subject and school shootings. Thought of Jonesboro, AR. These were kids at the time and at 21 were set free. Mass shooters walking among us? They eventually changed the law, but should these two adults now be commited?

Looking Back: 1998 Westside Middle School Shooting in Jonesboro

That one would open up a big can of worms IMO.
The two were charged, tried, and convected under laws in effect at that time.
They served their time.

AMonger · Dec 24, 2012

Ragman said:
That one would open up a big can of worms IMO.
The two were charged, tried, and convected under laws in effect at that time.
They served their time.

Which isn't to say they shouldn't be confined, just that we can't.

RLENT · Dec 24, 2012

davekc said:
Got me thinking with all the mentally ill talk/subject and school shootings. Thought of Jonesboro, AR. These were kids at the time and at 21 were set free. Mass shooters walking among us? They eventually changed the law

In a case like that one particularly, it's really a pity that the law at the time had no provision for trying them as adults ...

However that is not the fault of perps - but rather the people of Arkansas ...

davekc said:
but should these two adults now be commited?

Involuntary commitment is potentially double_jeopardy ... and so would be unconstitutional:

The Fifth Amendment to the United States Constitution provides:

[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb . . . ."

The Double Jeopardy Clause encompasses four distinct prohibitions: subsequent prosecution after acquittal, subsequent prosecution after conviction, subsequent prosecution after certain mistrials, and multiple punishment in the same indictment. Jeopardy "attaches" when the jury is empanelled, the first witness is sworn, or a plea is accepted.

Ragman · Dec 24, 2012

AMonger said:
Which isn't to say they shouldn't be confined, just that we can't.

Agreed.
That's what I meant.

davekc · Dec 24, 2012

Ragman said:
That one would open up a big can of worms IMO.
The two were charged, tried, and convected under laws in effect at that time.
They served their time.

I thought about that with the double jeopardy parameters, but this would be to help them and protect the kids.

It wouldn't be for punishment. (wink, wink)

Moot · Dec 24, 2012

He served his time. I guess he just never got rehabilitated. 4 firefighters shot, 2 killed at Webster, N.Y., fire

RLENT · Dec 24, 2012

Moot said:
He served his time.

Actually he served the time the DA was willing to settle for ... in order to get a plea bargain and a sure conviction on lesser charge ...

How does someone get to plead to manslaughter ... after beating Grandma to death with a hammer ?

Sounds like prosecutorial incompetence to me ...