Jared Lee Loughner - Psychiatric or Personality Disordered Violence?
How Vehicular Manslaughter Charges Can Affect You
DUI is a serious charge in Arizona, but that's particularly true if you were driving under the influence, got into an accident and someone was killed as a result of the collision. Even if you were barely above the legal limit and had no intent whatsoever to cause any sort of injury or death, it may not matter should the state decide to prosecute you under this charge.
Below is a brief look at how the vehicular manslaughter laws work in Arizona, but if you are facing prosecution for this sort of situation, the worst thing you can do is sit in fear and hope that it goes away, as it will not. The best thing you could do right now is contact a criminal defense lawyer and start building your defense right away.
Vehicular Manslaughter Laws in Arizona
Ironically, there is no statute in Arizona that speaks specifically to DUI vehicular manslaughter. Instead, other laws are invoked to bring the prosecution forward, and the following laws are relevant as law enforcement moves towards an arrest.
13-1103. Manslaughter; classification
A. A person commits manslaughter by:
1. Recklessly causing the death of another person;
Recklessly is the key word in this statute, as the Arizona laws dictate that anyone who is proven to have been driving under the influence is acting recklessly as a matter of law. Specifically, it means that a person knew of the risks he was encountering and acted anyway with disregard for those risks. Therefore, a person convicted of DUI and who caused an accident that led to a death will be charged with manslaughter, which is a Class 2 felony.
If you are convicted of manslaughter because of a DUI, you could face a substantial prison sentence. While there is a range available to the court, a defendant could face up to 21 years in prison if he or she is convicted. This does not include any other charges that could be 'bundled' with your conviction, inclu
Have You Been Charged With Aggravated Assault?
A crime of aggravated assault should not be taken lightly in the state of Arizona. The punishment for such conviction is quite severe in most cases so you need a good defense lawyer by your side to make sure you get acquitted. If you find yourself charged with aggravated assault, then reading this article might help you in your case. Provided here are some information regarding the crime and a few pointers to help you get out of the mess.
If you do not have a clear idea of what an aggravated assault is, then a definition is in order. You have to start with the basic and that is the term assault. It is a crime of violence made against another person. There are three types of assault and each one has its own level.
There is simple assault, assault and battery and aggravated assault. In order to be direct to the point, let the topic be concentrated on the third kind, which is the aggravated assault. It is a type of crime that is described by attacks that resulted in serious injury or that which involve a deadly weapon.
You need to know what the prosecution might pull out from their sleeves in order to make a good counter argument. For the prosecution to prove an aggravated assault, they need to show proof to the jury that serious physical injury was done to the victim. The injury could result to a temporary or physical disfigurement. Also, if the prosecution could prove that you carried a deadly weapon in the scene, it could spell big trouble for your case.
In Arizona, according to ARS 13-1204, there are other grounds that can result to an assault on an aggravated level. If the victim cannot fight back or get away from the crime because of restraints, then an aggravated assault case can be filed. Another ground is when an individual enters another person's home and commit there the said assault.
Sometimes, even if the victim has no injury, the aggravated assault charge is still viable in cases of threatening with a deadly weapon and also in committing other felony acts such as robbery and burglary.
If you are proven guilty, it means you have to complete a sentence of five years in prison at the minimum. If the prosecution attorney is better than your defense attorney, you can be stuck in prison for a maximum of fifteen years. Fifteen years or even five years is a lot of time and who knows what kind of life you might lead after that. It is best to have a good attorney defending your case so even if he or she cannot dismiss the case, at least the sentence can be diminished.
Jared Lee Loughner - Psychiatric or Personality Disordered Violence?
January 8th 2011, six people were brutally murdered and eighteen others shot by a young suburban man. The deceased included a nine-year-old girl, a congressional aide, a respected judge, and a popular congresswoman. Jared Lee Loughner was arrested for the slaying as the nation mourns his heinous actions. Pundits attempt to define Mr. Loughner's motivation using political scapegoats and social policy problems. The reality is Mr. Loughner suffers from a severe illness rooted in psychiatric and/or personality dysfunction. His legal team will have the very best forensic experts lined up to testify on Mr. Loughner's state of mind during the commission of the slaying. In order to commit such a brutal act, Mr. Loughner certainly suffers from a psychiatric illness, personality disorder, or a combination of the two. Defense attorneys will attempt to show Mr. Loughner was in the throes of a thought or mood disorder making him not culpable for his actions. Although personality disorders can be just as debilitating as psychiatric illnesses, they are not considered as cognitively debilitating as psychiatric illness.
The mental health industry relies on the DSM, or the Diagnostic and Statistical Manual of Mental Disorders. In 2013, the 5th edition will be released for circulation. This book is compiled with hundreds of mental and psychiatric conditions that impair humans. Psychiatrists and Psychologists use the DSM as an important resource to diagnose and communicate to others a person's mental deficits. All disorders in the DSM are based on a five Axis level system. Axis III, IV, and V have to do with potential medical conditions, life stressors, and how the person manages those two elements. Axis I and Axis II are the elements of the system that speak directly to an individuals cognitive and emotional stability.
To be diagnosed with an Axis I disorder, the problematic signs and symptoms causing the person distress are acute, debilitating, and often involves a sense by the patient they are feeling and/or thinking out of sorts or disordered. People who suffer from Axis I psychiatric Illnesses think, feel, and behave differently than what they are accustomed to. Relating to Mr. Loughner, his defense attorneys will likely attempt to prove he suffers from an Axis I psychiatric condition which compromised his capacity to be thinking rationally leading him to the rampage. If the trial attorneys can prove he is Schizophrenic, then the jury can not find him guilty without reasonable doubt. There are many potential conditions in which a person truly is debilitated precluding his/her ability to think and act responsibly. The question is if Mr. Loughner meets criteria for a severe Axis I disorder.
Axis II conditions are called personality disorders. Personality disorders are defined as inflexible and maladaptive patterns of behavior. These maladaptive patterns negatively affect an individual's quality of life and they often do not know they suffer from a personality disorder. People suffering from personality disorders suffer various negative consequences from their condition and often blame others for their quandaries. There are ten different personality disorders that vary in expression and style of presentation. These ten types are reasonably distinct methods of interfacing with their environment. One example would be Paranoid Personality Disorder. People with this type of personality disorder tend to be highly suspicious of others peoples behaviors and have great difficulties maintaining functional relationships. Nine other personality disorders are defined all causing significant impairment. Personality disorders can not be cured because they are pervasive in that their signs and symptoms are part of the person's personality. The goal of treatment is not curing the disorder, but reducing the negative consequences the disorder causes. Treatment can not cure a personality disorder, but increase a person's adaptive functioning in order to increase his/her quality of life.
The primary difference between Axis I and Axis II disorders relate directly to the level of impairment they can cause. With Axis I disorders, a person's level of impairment can impact their ability to behave in a rational responsible behavior. For this reason, people who commit criminal acts can be found not guilty for reasons of insanity. This means that in the eyes of the law the person is not responsible for their actions because they were not in their "sane" mind during the commission on the crime. With personality disorders, the individual may be severely dysfunctional, but their condition does not impair their capacity to differentiate right from wrong. Hence, an individual can not be found not guilty because they are always still in their "right" mind during the commission of the crime.
As mentioned above, Mr. Loughner's defense team will attempt to prove to the jury that he suffers from an Axis I psychiatric disorder suggesting he was not culpable for his actions. If they can not persuade the jury of a verifiable psychiatric illness, it will be fair to assume Mr. Loughner suffers from a severe personality disorder that influenced him to murder and maim an innocent group of citizens. If not found suffering from an Axis I psychiatric condition, he will likely be diagnosed with Antisocial Personality Disorder. Although not in the DSM, a severe form of Antisocial Personality Disorder is considered by some to be considered a sociopath. Over the coming months, Mr. Loughner will be defended by the same attorney who represented the Unibomber. The question will be is if the defense team can succeed at persuading a percentage of the jury to question Mr. Loughner's state of mind leading up to and during the commission of his rampage assault. Recently, peers and acquaintances are reporting information he premeditated the attack suggesting he was not mentally impaired. The argument will be psychiatric illness vs. personality disorder.
