Concern with dangerousness continues to inform the relationship between insanity and automatism, and appreciating its role here assists in understanding this part of the mental incapacity terrain. It was this concern that forced a cleavage between insanity and automatism, which eventually hardened into two distinct doctrines. 2 Until this point, insanity and what would come to be called automatism coexisted in a way that was not sharply delineated, and, in this chapter (and the following), I examine insanity and automatism side by side, an approach which reveals the significance of legal concern with dangerousness. 1 A discrete doctrine of automatism appeared only in the 1950s. As is well known, the law on insanity is governed by the M'Naghten Rules, which were drafted in 1843. This material may not be published, broadcast, rewritten or redistributed.This chapter and Chapter 6 cover a part of criminal law that is now traversed by the two exculpatory mental incapacity doctrines of insanity and automatism (also known as insane automatism and non‐insane automatism respectively). He has been charged with killing John McNamara, Wendi Winters, Rebecca Smith, Gerald Fischman and Rob Hiaasen.Ĭopyright © The Associated Press. Ramos was arrested hiding under a desk at the newspaper after the shooting, police said. Ramos, 39, had a long history of harassing the Capital Gazette's staff in connection with a defamation suit he filed against the newspaper in 2012, authorities have said. It contained some basic questions intended to determine if any of them would not be qualified to serve on the jury. To help narrow the jury pool in the high-profile case, the judge had 322 potential jurors fill out a questionnaire at the courthouse last month. Ripken also asked attorneys on both sides to review model questions for prospective jurors from the Maryland State Bar Association to prepare for jury selection, which is set for Oct. Ripken said she was satisfied prosecutors have exercised due diligence. Separately, the judge ruled to deny a request by defense attorneys to sanction prosecutors for failing to properly share evidence with them before the trial of Jarrod Ramos. She also said she would allow a second opening statement if the trial goes to a second phase. Ripken said she would explain the bifurcated process of holding the trial in two phases to jurors. He said that would "put an issue" in the minds of jurors before they face it. James Tuomey, an assistant state's attorney, argued against allowing the defense to reference their client's mental health or his plea in opening statements in the trial's first phase. If he is found guilty in the first phase of the trial, a second phase will be held for jurors to decide whether he is not criminally responsible due to his mental health.ĭefense attorneys had asked the judge whether they could refer to his not criminally responsible plea in opening statements of the first phase of the trial, or if they would be able to make a second opening statement, if their client is found guilty and the second phase is held. Ramos has pleaded not guilty and not criminally responsible, which is Maryland's version of an insanity defense. Prosecutors asked Judge Laura Ripken to preclude any discussion about the mental health of Jarrod Ramos in the first part of his trial, when jurors will be asked to determine whether he committed the crimes in the June 2018 shooting at the Capital Gazette. ![]() (AP) - A judge in the case of a man charged with killing five people at a Maryland newspaper directed attorneys on Friday to avoid referring to his mental health or his plea of not criminally responsible in the first phase of his trial. Reading or replaying the story in its archived form does not constitute a republication of the story.ĪNNAPOLIS, Md. Information in the story may be outdated or superseded by additional information. ![]() This archived news story is available only for your personal, non-commercial use.
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