Father shot dead drunk driver moments after he crashed into truck killing

[speedkilz88]

Originally Posted by Vintage

And if someone murdered him because they were a relative of the driver, that would qualify as temporary insanity, too, right?

"Temporary" insanity months later? Really? That all you got?

[Vintage]

Originally Posted by speedkilz88

"Temporary" insanity months later? Really? That all you got?

Why does time matter?

If you can be driven temporarily insane and be perfectly fine shortly after... Why does it need to be immediately after an event?

Maybe it builds up an can make you temporarily insane much later.

[Reality]

Originally Posted by CanadianCowboysFan

There are few guarantees in life, day, night, death etc, but another is someone on a board knowing someone who has an anectodal story which refutes any internet theory.

Don't forget the quite common guarantee of someone not having any factual evidence so they refute anything others say, use phrases like "it's simple" and repeat the same personal opinion over and over hoping that it will magically evolve into a believable fact at some point.

you go home, get a gun, go back, shoot the right person so to speak, you know what you are doing, pure and simple

I love how "internet psychiatrists" such as yourself can define mental states of others across the world without ever meeting the subject nor experiencing what they experienced. I mean who needs medical school? Apparently being able to post on a forum and stereotype others who disagree is an unquestionable pedigree for being an expert on any topic at any moment.

Personally, I have no idea whether or not he was mentally stable and out for revenge or if he suffered a mental breakdown. It is quite possible that he knew the driver and hated him for 30 years because he killed his cat when he was young. It is also possible that he mentally lost it. At this point, no one knows. Well, that is, except you. Kudos!

/reality

[speedkilz88]

Originally Posted by Vintage

Why does time matter?

If you can be driven temporarily insane and be perfectly fine shortly after... Why does it need to be immediately after an event?

Maybe it builds up an can make you temporarily insane much later.

To use a temporary insanity defense there has to be a trigger (trauma) like having your two kids killed in front of you. Do you not get that?

[CanadianCowboysFan]

Originally Posted by Reality

Don't forget the quite common guarantee of someone not having any factual evidence so they refute anything others say, use phrases like "it's simple" and repeat the same personal opinion over and over hoping that it will magically evolve into a believable fact at some point.



I love how "internet psychiatrists" such as yourself can define mental states of others across the world without ever meeting the subject nor experiencing what they experienced. I mean who needs medical school? Apparently being able to post on a forum and stereotype others who disagree is an unquestionable pedigree for being an expert on any topic at any moment.

[View Full Quote]Personally, I have no idea whether or not he was mentally stable and out for revenge or if he suffered a mental breakdown. It is quite possible that he knew the driver and hated him for 30 years because he killed his cat when he was young. It is also possible that he mentally lost it. At this point, no one knows. Well, that is, except you. Kudos!

/reality

Please, no need to be obtuse.

[CanadianCowboysFan]

Originally Posted by speedkilz88

To use a temporary insanity defense there has to be a trigger (trauma) like having your two kids killed in front of you. Do you not get that?

Definition of insanity under the model penal code.

"The Model Penal Code, published by the American Law Institute, provides a standard for legal insanity that serves as a compromise between the strict M'Naghten Rule, the lenient Durham ruling, and the irresistible impulse test. Under the MPC standard, which represents the modern trend, a defendant is not responsible for criminal conduct "if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." The test thus takes into account both the cognitive and volitional capacity of insanity."

So this guy would have to show believable evidence that at the time he shot the guy, he was suffering from a mental disease or defence such that he didn't have the capacity to understand that what he was doing was illegal. Most people realize that shooting someone is not legal in all but a few circumstances.

[speedkilz88]

Originally Posted by CanadianCowboysFan

Definition of insanity under the model penal code.

"The Model Penal Code, published by the American Law Institute, provides a standard for legal insanity that serves as a compromise between the strict M'Naghten Rule, the lenient Durham ruling, and the irresistible impulse test. Under the MPC standard, which represents the modern trend, a defendant is not responsible for criminal conduct "if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." The test thus takes into account both the cognitive and volitional capacity of insanity."

[View Full Quote]So this guy would have to show believable evidence that at the time he shot the guy, he was suffering from a mental disease or defence such that he didn't have the capacity to understand that what he was doing was illegal. Most people realize that shooting someone is not legal in all but a few circumstances.

Temporary insanity is different than an insanity plea.

[CanadianCowboysFan]

Originally Posted by speedkilz88

Temporary insanity is different than an insanity plea.

The same principle applies. At the time the dad shot them, he would have to show at that time he didn't understand what he was doing and that it was wrong/illegal.

He just has to show he was nuts at the time of the incident.