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<blockquote data-quote="gerhard1" data-source="post: 3115104" data-attributes="member: 5391"><p>I support the death penalty in appropriate cases, and we'll just have to see if this is one of these cases. In Cruz' case, the issue seems to be his mental state, and this, like the case of James Holmes, the Aurora theater shooter, the defense might be able to show that his mental state was such as to provide some form of mitigation which will save him from the needle.</p><p></p><p>Like with Holmes, I don't think there is any question that he did the act; the question will be whether or not he had the mental means to form criminal intent, and if the finder of facts says that he did, then the question becomes one of the penalty. </p><p></p><p>From the little I know of the case right now, I'd hazard a guess that he will be convicted, but spared the death penalty.</p><p></p><p>It's possible that Cruz might offer a guilty plea to avoid the death penalty. If I were the prosecutor in this case, I'd think long and had about accepting this kind of offer.</p></blockquote><p></p>
[QUOTE="gerhard1, post: 3115104, member: 5391"] I support the death penalty in appropriate cases, and we'll just have to see if this is one of these cases. In Cruz' case, the issue seems to be his mental state, and this, like the case of James Holmes, the Aurora theater shooter, the defense might be able to show that his mental state was such as to provide some form of mitigation which will save him from the needle. Like with Holmes, I don't think there is any question that he did the act; the question will be whether or not he had the mental means to form criminal intent, and if the finder of facts says that he did, then the question becomes one of the penalty. From the little I know of the case right now, I'd hazard a guess that he will be convicted, but spared the death penalty. It's possible that Cruz might offer a guilty plea to avoid the death penalty. If I were the prosecutor in this case, I'd think long and had about accepting this kind of offer. [/QUOTE]
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