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Old 03-15-2005, 06:06 PM   #26
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Not guilty by reason of insanity has to be an available verdict, which it isn't everywhere. I'm sure California must have it, but...
You have defend for it--You have to plead it. Jackson pleaded Not Guilty.
While I'm not a resident of CA and not intimately knowledgable with California jurisprudence, I'm going to guess that the jury doesn't actually have that available to them as a choice unless it's requested.
And why? Because it's a prison sentence, too. Only in a sanitarium and in therapy, and one from which Jackson stands less chance of getting out of than a real prison.

The funny thing about this is even if a jury finds him guilty, how long's he going to spend in jail? Three years? Four? Nothing near the max, I'm guessing (without knowing what the max in Cali is).
What little I know of the defense in this case, they aren't conducting an insanity defense, because they think they can throw enough of a reasonable doubt by questioning the veracity of the accusers.

Which is a fine defense if you have loopy or unreliable accusers.

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