Recently in Sentencing Category

Death Penalty for Fort Hood Shooter?

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This article explains that the US Army plans to seek the death penalty in the case of Major Nidal Hasan. It sounds like the Army never contemplated the decision to seek the death penalty. Nidal shot and killed 13 people at the Fort Hood army base last November. This is just another case in which people can argue if the death penalty is moral. I think that in this case more people may be able to except it. In my opinion this case is so extreme that I dont think I can argue with it. I am not an outright advocate for the death penalty by any means but I think when the crime is of this magnitude, it is hard for me to say i dont think that he deserves it. He obviously does have some issues but at the same time it was totally unexceptible what he did. Those soldiers and people that were killed sacrificed a lot to defend their country and they were killed prematurely by a guy that it seems was having a bad day. Two wrongs never make a right and it is never right to kill another human being but in a way I think that this guy deserves what ever punishment that he is given.  

http://www.cnn.com/2010/CRIME/04/29/fort.hood.death.penalty/index.html

Michael Peterson Verdict

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After finishing the video on North Carolina v. Michael Peterson, I became interested in what his and his family's life was after his sentencing was given. I found a website that has the story. It describes how one of Peterson's defense attorneys is planning on appealing his verdict. I'm not sure if this has been done yet, but he plans on objecting to some of the evidence that was given at the trial, such as if it was legal to take Peterson's computer away from him and go through it, which is where they found his pornography.

Also on the website, are a few videos that you can click through and watch. One talks about what Kathleen Peterson was like, the other talks about the verdict of the trial, and the third is how Kathleen's sisters react to the whole situation.

In the article, they also bring up the possibility that the prosecution is also going to try Peterson for the death of his other wife, Elizabeth Ratliff, as well. It's a short article, but it does provide good information on what happened after Peterson's guilty verdict.

Hank Skinner was blamed for a triple homicide in 1993 in which he supposedly killed his girlfriend at the time, Twila Busby, and her two grown sons. He was convicted of the crimes and has been on death row since. Skinner's former attorney did not test the crime scene evidence for his clients DNA. Skinner claims his innocence and also says that his ex girlfriend's uncle was the responsible party. A neighbor of Twila Busby's uncle claims that they seen the uncle tearing out and replacing carpet in his van the day after the murders. Northwestern University's Innocence Project is to thank for shedding doubt onto the case and bringing it to prosecutors attention. Skinner's request for a blood DNA test has delayed the execution and rightfully so since there is still time to prove his innocence given the nature of all these "new" details. The stop of execution came one hour before Skinner was to be executed.


How is Sentencing Figured

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When you watch law shows or observe a proceeding in a court room you hear people being sentences to a certain amount of year in prison at the discresion of the judge and due to the severity of the crime. However, have you every wondered how those numbers are configured?  With this idea in mind I search articles on the internet that discussed how sentencing works. On the website indicated below I found information on sentencing guidelines. One of the nice things about this website is that it is written for everyone to understand and uses terms in which everyone can interpret.

            When reading through this article it identified five different categories that are taken into consideration when sentencing a criminal.

1.      Offense level-level of seriousness

2.      specific characteristics

3.      adjustments/multiple court adjustments

4.      acceptance of responsibility

5.      criminal history

 

Offense level is based on a scale from 1-43. level 1 is the lowest and less serious of the crime and 43 is the most serious and most severe. This level serves as the base level predicting the amount of punishment that will be rewarding if found guilty. The next category is that of the specific characteristics. The specific characteristics are used in order to determine whether or not more levels should be added due to the severity of the specific crime. On the website they use the example of theft. Theft alone is a level seven crime resulting in 20 years or more. However, if there is $6,000 that the victim loss then the level increases by two, if the loss of the victim is $50,000 then the level jumps up by six.  Robbery is another example used on the website. Robbery with a firearm is a level 20.  If the firearm is shown to the victim during the crime the level increases by five, in the firearm is discharged during the crime then level increases by seven.

            In addition to the characteristics, adjustments are also considered. These adjustments are at the discretion of the judge. There are three factors that influence adjustments; minimal level of participation-decreased 4 levels, vulnerability of the victim by age, physical or mental health-increases by two levels, obstruction of justice-increases by two levels.  If there are multiple adjustments or crimes at hand then the baseline level is figured from the more severe of the two crimes; however, the judge can use discretion with this and lower the level if they feel the criminal accepts responsibility for the offense by admitting, restitution before there is a guilty verdict, or pleading guilty.  This idea is most likely the driving force for interrogators in the criminal justice system that use these adjustments as a way to get people to release information to them by promising they will have a less sever punishment (when in reality it is up to the judge, not the criminal justice/FBI investigator. The last factor has to do with criminal history. How recent ones last conviction is on a scale from one to six can also produce a less severe punishment.

            As one might guess after reading this article, there a lot more information that goes into sentencing than one internet webpage can offer, however, this is  good website to get a general idea of how the process works.

 

 

 

http://www.criminaldefenselawyer.com/federal-sentencing-guidelines.cfm

Vampire killer

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I came across this article of a man, Allan Menzies, in the UK who murdered his friend in order to become a vampire. Menzies had watched the movie Queen of the Damned at least 100 times and claimed that he was told he had to kill someone in order to become immortal. Menzies called Thomas McKendrick to his house where Menzies attacked and killed him with knives and a hammer. After the death, Menzies drank his blood and ate some of his flesh. He then put McKendricks body in a wheelbarrow and dumped his body in a ditch, which was found 6 weeks later. After the killing, Menzies was convinced he was a vampire and immortal. Menzies was found guilty and sentenced to life in prison. The psychological issues surrounding Menzies is enormous. He had been diagnosed a psychopath by three psychologists in court. Menzies lawyer also said he was schizophrenic, which definitely runs true with Menzies actions. There needs to be more education for people to understand these mental health problems.

article

"From Time Out to Hard Time"

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·         In 2008, 7,703 children under age 18 were held in American adult local jails.

·         3,650 children under the age 18 were held in American adult state prisons.

·         22 states allow children as young as 7 to be tried as adults.

·         Every year, nearly 80 children age 13 and younger are judicially transferred to adult court.

These are absolutely shocking statistics. The book, "From Time Out to Hard Time: Young Children in the Adult Criminal Justice System," tells of how the nation treats pre-adolescent children (age 12 and under) who commit serious crimes.

This report recommends a few things to keep children out of the harsh conditions in prisons. The first is that we should work to keep our children in the juvenile justice system. The second is that parole opportunities should be given to young children regardless of the length of the sentence. The article says that in Florida and Pennsylvania, children as young as 7 can serve life in prison without parole.

The final recommendation is that children in the adult system should not be housed with adult criminals, but instead in a juvenile facility. This I would absolutely agree with. Most seven year olds are raised by their parents in a cozy and safe environment. I can only imagine the psychological impact that growing up in a prison amongst adult criminals would have on a seven year old.

Here is a news article about a 12 year old boy being charged as an adult for the murder of his father's pregnant girlfriend:

 http://www.huffingtonpost.com/2009/02/21/jordan-brown-killed-fathe_n_168862.html

My view on this is that I think our system takes it too far when trying children as adults. I understand that they do some very adult things, but I can't help but feel that we aren't realizing they are children. If we simply look at how they are developed emotionally we can see that they by no means act in adult ways. It scares me to think of my little brothers, who are around the age of 12, going to prison. Not only that, but spending their life there around the other people in prison. I believe our law system needs to get a better grip on children and charging them as adults. Any one of us can think back to the stupid things we used to do when we were kids. I even read old diaries and think, "Wow, that isn't even like me! I was so stupid!" Children at age 12 are still being molded, and I think by placing them into a prison, with adult criminals, is going to mold them in a very negative way.

This is an article that deals with the argument of whether there needs to be more laws dealing with predators or whether the current laws need to be better enforced. The story here is of a man who has been convicted of raping and killing a young girl who was jogging through a park. Police have also discovered the skeletal remains of another young girl, who was killed in similar fashion, and they think that the same man is responsible. The main issue here is that the man was locked up for the crime but somehow struck a deal to only get 6 years in prison instead of his original sentence which was life in prison. This happened in the San Diego area where they do in fact have a "one-strike" law against predators. The problem here seems to be that the courts become to lenient when its time for sentencing. In my opinion I feel that the San Diego law of "one-strike" is quite the consequence, but when a predator gets out after only a short time, it raises the threat of repeat offenders. When the courts give out such a short sentence for the crime, they are really eliciting thoughts of "hey I can do this again!" from the minds of predators. I'm not sure that California needs to crowd their prisons anymore than they already are, but lackluster sentences (in regards to these crimes) is a slap in the face to society - my opinion.


Crimes of Passion

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crime of passion n. a defendant's excuse for committing a crime due to sudden anger or heartbreak, in order to eliminate the element of "premeditation." This usually arises in murder or attempted murder cases, when a spouse or sweetheart finds his/her "beloved" having sexual intercourse with another and shoots or stabs one or both of the coupled pair. To make this claim the defendant must have acted immediately upon the rise of passion, without the time for contemplation or allowing for "a cooling of the blood." It is sometimes called the "Law of Texas" since juries in that state are supposedly lenient to cuckolded lovers who wreak their own vengeance. The benefit of eliminating premeditation is to lessen the provable homicide to manslaughter with no death penalty and limited prison terms. An emotionally charged jury may even acquit the impassioned defendant. this definition can be found at http://legal-dictionary.thefreedictionary.com/crime+of+passion 

Passion Crimes happen quite often. We've all had those moments in life where something effects us so strongly we ourselves can not control our actions caused by the situation. If one were to sit back and really look and think about a situation I'm sure a lot of these cases would never have came about, but that's not the case. Is a sudden heat of the moment decision a reason to get off? Did one not still do the crime at hand? So why do some juries sympathize and let a guilty man or woman walk free? I think its because we can all relate to the situation-- and all would have had thoughts of the same acts.

Brene Brown Ph.D disagrees with my theory. her thoughts on the subject can be found at http://www.brenebrown.com/crimes-of-passion/ 

 But whether right or wrong the fact is there, it still happens and happens often. Maybe in the heat of the moment we can't control our feelings, but maybe we can. Only time and extensive research will show that.

While looking for things to post concerning juries, I found this article discussing how important the role of the juror is in deciding whether someone is sentenced the death penalty. The authors, Raoul Cantero and Robert Kline, discussed how there are two phases the jury goes for: the trial phase and the penalty phase. The trial phase is when the jury decides if the defendant is guilty or innocent of a capital crime. If the defendant is found guilty, the jury must go through the penalty phase to decide if the defendant deserves the death penalty. Thinking about the reality of this situation, the jury must carefully be selected. It would be a very hard task to decide that someone does not deserve the right to live. Psychologically, the jury must be strong mentally and emotionally to be able to handle this. For the defendant, it would be hard to handle that they will be dying. Both sides are affected greatly which is why the death penalty is not legal in all states. The article I was looking at mostly focused on Florida because they're the only state that only requires a simple majority to rule in favor of the death penalty. Below are the links where I found this information at.


Full article
 Introduction to article

False Confessions

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False confessions are one way that innocent individuals find themselves behind bars, or even on death row. False confessions are even more reliable than eyewitness identification, so if someone makes the mistake of "confessing" they may be in for a long haul. The innocence project is striving to get more knowledge out about false confessions and also has ways in which the problem can be fixed. Below are a few links to their website. The first talks about false confessions, the second is a page dedicated to ways to fix the problem and the last link is to a video clip of a Texas man named Chris Ochoa who was exonerated after being in prison for a false confession!

 

http://www.innocenceproject.org/understand/False-Confessions.php

 

http://www.innocenceproject.org/fix/False-Confessions.php

 

http://www.innocenceproject.org/news/playvideo.php?file=/Images/748/ochoa_c.wmv&title=&time=04:25

 

This is an interesting story I found regarding the arrest of two 10 year old boys that brutally beat and killed another 2 year old child. This happened in Liverpool in 1993. After serving eight years in prison, Jon Venables, (who is 27 now) has just been returned to prison for violating conditions of his release. The re-surfacing of this case has brought about outrage amongst the British public (once again) because of the fact that Jon was released but is now being re-called into custody - reasons for which are uncertain (although law enforcement did mention that these details will be released in the future). This outrage stems from the seemingly lenient government not keeping both gentlemen locked up for a longer amount of time (and rightfully so if you are family of the victim).

I found this interesting because this case happened many years ago but still has the power (via peoples memory and knowledge) to bring out anger and despise even though the case was completed over a decade ago. Both mens whereabouts have been kept secret because of the fear of death threats towards them.


http://www.cnn.com/2010/WORLD/europe/03/03/uk.bulger.venables/index.html

Mark Becker's plea of insanity

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Most of us have heard about the devastations that the community of Aplington-Parkersburg has gone through in the last few years. The first devastation that the community went through was the tornado that went through Parkersburg and destroyed many houses. The Community rebuilt and didn't let the horrific experience dampen there community pride. One of the main advocates for rebuilding the Community was the long time Football Coach Ed Thomas. Ed was seen as a key supporter in the community and everyone knew who he was and what he has done to better the community.  The second devastation that happened was on June 24th of 2009 when Coach Ed Thomas was shot by Mark Becker. Becker has pleaded not guilty by reason of insanity. Both the prosecution and defense do agree that Becker has suffered from paranoid schizophrenia, so his mental state is playing a huge factor in whether he will be convicted or not for the murder.  Living in Cedar Falls for most of my life and having friends who went to Aplington-Parkersburg it hit close to home to me. I remember something on the news about how the previous day Becker had been detained by Cedar Falls police for breaking and entering a house in Cedar Falls. He was taken to Allen Hospital and was suppose to stay for a 48hr psych evaluation. However something went wrong and he was released that day. Which led to the next day's proceedings to Occur.  One question that comes to mind to me is, is our legal system at fault as well because the procedure wasn't followed through. Also some say that he didn't know what he was doing but I wouldn't think you would be able to put bullets in a gun and drive to the school and shoot your former coach. I think this is a very big controversy in the Cedar Valley. Below is just one of the latest articles about the case.

"Jury Deliberating Becker's case"

http://sports.espn.go.com/ncaa/highschool/news/story?id=4941821

Community Service for Criminals

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Often times, we think of criminal sentencing as either going to jail or paying a fine. Another avenue of punishment is community service. This type of punishment is more rare, and is usually reserved for first time offenders, petty crimes, and other circumstances. Although it has its criticisms, the goals of community service programs are to reintroduce good behavior and promote accountability of a person to his or her community. Instead of taking away a community's resources to fund a jail, the community is benefiting from the efforts of these petty criminals.

Although some people may think that most criminals should be punished by jailtime, I disagree. Assuming, of course, that the court is able to accurately judge the potential of future criminal activities by a convicted criminal, I think that community service is a viable option for many. Again, this would require the discretion of the courts.

I found a very interesting article that talks about community service in China. Other countries are seeing the benefits of our system and implementing it abroad:

http://www.chinadaily.com.cn/en/doc/2003-11/13/content_281363.htm

Military = Death Penalty

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The death penalty is a great debate that has being going on for many years. When you enlist in the military you wave all your civilian rights and live under only certain parts of the constitution. In a way you become property of the Federal Government and not a citizen. This is a very noble action and those who are willing to give their lives for our country should be admired by all. One thing that happens when you join is that you can now be sentenced with the death penalty. Here is a link to some facts about the death penalty in relation to the Military. It is very interesting to read about the thought behind decisions resulting in the death penalty. I am pro death penalty, but I do question whether the government should be allowed to take the life of someone who is willing to give their life in the name of their country.

 

 

http://www.deathpenaltyinfo.org/us-military-death-penalty

Iowa Bill Erases Underage-Drinking Charges

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Iowa's legislature is in talks of passing a new bill that will, if passed, eliminate old criminal charges for drinking. 18, 19, and 20 year olds will be able to wipe aclohol-related offenses off their plate. This insures that Iowa students will still be able to find a job after college.

 http://kgan.com/shared/newsroom/top_stories/videos/kgan_vid_1938.shtml

 

What are some of the psychological implications that factor here? Will underage students drink MORE now knowing that their record could be erased? I personally feel that underage students will drink they same no matter what the law is. It does put some people's mind at ease knowing that they will be able to have the charge removed, insuring that it will not come back to haunt them later on in a job interview.  

http://news.google.com/newspapers?id=BjUTAAAAIBAJ&sjid=DfADAAAAIBAJ&pg=6825%2C8992713
 
While reading my assigned chapter for my Applied Psychology class, I found an interesting concept that was directly related to our class. The Pygmalion Effect (for those who don't know) is when people unintentionally influence others to perform a certain way because they expect them too. It's sort of like the self-fulfilling prophecy concept but only applied to a social situation. The studies on the Pygmalion Effect were conducted in regards to certain students performing better in the classroom because the teacher expected them to do so. Interestingly enough, this same concept can be applied to judges unintentionally influencing the juries decision based on their own perceived notion that the defendant is guilty. Studies found that if the judge believed that the defendant was guilty, he gave many non-verbal cues that would indicate that belief despite appearing unbiased. Also, despite jurors believing that they were unswayed by the judge's demeanor, studies found that juries would return with a guilty verdict more often when the judge believed the defendant was guilty.
 I found this topic extremely interesting and I'm currently in the process of researching more about it. From the information I gathered so far on the topic, there was a study conducted where a mock jury was shown a video tape of a trial then a separate video of the judge giving juror instructions. The separate video was of the juror instructions the judge had given from an entirely different trial (one which the judge had an unspoken belief of the defendant's guilt). The mock jury was then asked to render a verdict. The study found that jurors who viewed the instructions from a trial in which the judge believed the defendant was guilty came back with a guilty verdict between 43%-57% (cited from Applied Psychology New Frontiers and Rewarding Careers, chapter 5: Applying Psychological Research on Interpersonal Expectation and Covert Communication in Classrooms, Clinics, Corporations, and Courtrooms by Robert Rosenthal)!

BTK Killer-The Complete Story

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The life and story of the BTK killer, also known as Dennis Rader. This 53 page story takes you through everything! His life as the BTK killer in Wichita, Kansas and his life as Dennis Rader in Wichita, Kansas. This is a chilling story that gives you the complete facts, details, and photgraphs. It is worth reading!

 

http://www.trutv.com/library/crime/serial_killers/unsolved/btk/index_1.html 

 

Did you know that a majority of imprisoned murderers only spend 8 years, on average, in jail? Rediculous right? What is the worth of a human life, or 5, or 100? Where do we draw the line? September 18, 2004 the LA Times put out an article concerning MORE killers getting out on parole. The article discusses Governer Schwarzenagger letting out 48 murderers in only one years time! The most common release for murderers in prison is due to "good behavior" and a "clean prison record." How can someone who murdered a person, or numerous people, get out of prison for "good behavior" when what they are in there for deserves death itself? This cite leads to the LA Times cite housing the article about Schwarzennager: http://articles.latimes.com/2004/sep/18/local/me-parole18 

The following website delivers a few statistics based on granted paroles: http://www.citizensinc.org/parolestatistics.html 

I understand second chances-- and wrongful charges. But how does the victims family feel about all the goings on? The person who took the life of their loved ones being set free? I side with the victims in this one. The website: http://www.murdervictims.com/Parole.htm gives a little information regarding the victims rights and ways they can get a parole overturned.

The Parole process is a long one that does take victim's family and suspect into consideration. The process has to look at all sides because if they release a criminal and the criminal repeats the offense- or worse- it goes back to the board that chose to grant parole. So the board has to have put some heavy thought into their decision. The following website is a cite that describes the governing process of parole in the state of Connecticut: http://www.cga.ct.gov/2009/rpt/2009-R-0345.htm 

As you can see, parole sentences are governed by state and each state has its own set rules of who they are willing and not willing to let rome the streets among us. Each state has a public record of their procedures,etc. that determine parole sentences, some more strict than others. All sites are easily accessed through search for parole sentences in said states.

Apologize and Get Out of Jail

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Last year I took an honors course on Japan. While we never discussed or directly explored the Japanese court system, the professor slipped out a tidbit of information that always struck me as interesting. She said that in Japan, if you sincerely apologize for your actions, you will receive a greatly reduced sentence. I've had a hard time finding any information to back this up, but I did come across this article which seems to substantiate the claim. Sheila Johnson explains that this forgiveness after an apology occurs throughout the culture. Can you imagine if we let Blagovich or Spitzer off because they apologized? Johnson says that the difference in this regard between our two cultures is that we live in a "guilt" society and Japan lives in a "shame" society. When the Japanese apologize, they feel extremely shameful and believe that they have dishonored their family. And since, in Japanese culture, your family includes every family member who came before you and all of your descendants, this is a pretty big deal.

The importance and weight of an apology is also felt in their business world. If an employee acts unethically, their supervisor or the head of the company will often take the blame for them, sometimes even quitting or suspending themselves.

It's hard for me to imagine what our culture would be like if a murderer apologized and was sentenced to only 10 years in prison. We would have murderers and rapists out walking the streets, which frightens me. I greatly prefer our system, where you are punished for your crime, and your apology carries little weight.

After reading the post Ashley mad on "the Kehoe Case: Iowa Mother Guilty of Murdering her 2 Year old" it got me thinking. In the article it talked about how Michelle Kehoe had undergone 44 electric shock therapies (ECT). I'm sure if you have taken any Abnormal Psychology courses you have heard something about an ECT. ECT are usually associated with Major Depressive disorder. Some people think that it is against humanity to use this type of procedure on people and other see it as a great therapy. I do have my own opinions about whether or not it should be used but I would like for everyone else to see material about it and make their own judgment on whether or not is should be a form to treat people with depression and mood disorders.

 I found a website that someone who has had ECT personally has put up. This website give background information on the early years of the therapy.  It also gives the risk factors that are associated with the ECT.  Though this website is a little out of date I believe that the information is helpful and fairly accurate.

Here is the link to the website to look at the information http://www.electroboy.com/electroshocktherapy.htm

Now to relate it back to psychology and law; can the ECT cause enough brain damage or sudden loss of memory to make a person commit a crime that they normally wouldn't have done? Is it possible that the effects are great enough to alter someone's mind to where they are unable to know right from wrong? I think these are some questions that may need to be researched to see if this could become a key factor in some trials.

Polanski and Discretion

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For those who don't know Roman Polanski is a director of some very well regarded movies. He has also spent the last few decades on the run after being pleading guilty to raping a 13 year old girl. After the prosecution decided to lower the charges they brought against Polanski in exchange for a guilty plea. However Polanski had heard that the judge was thinking of rejecting the short prison term the prosecution had agreed to and throwing the proverbial at the director. In light of this Polanski ran. He has spent years on the run carefully avoiding countries with extradition agreements with the US.

After his arrest last year in Switzerland his lawyers have tried to argue that he does not need to be extradited to the US. The judge disagrees even throwing out a request from the victim of Polanski's crime that the case be dropped. Discretion is all over this case from the prosecutions decision to lower the charges against Polanski, to Polanski's own judgment to flee justice. The story I read can be found here.
  In October 2008, Michelle Kehoe drove herself and her two boys, Seth (age 2) and Sean (age 7) to Hook-n-Liner Pond near Littleton, IA. She then tied both of her boys up, duct taped their eyes, nose, and mouths, and slashed their throats leaving little Seth dead and seriously injuring Sean. She then proceeded to the edge of the pond and attempted suicide by slashing her own throat. When she did not succeed with her suicide attempt, Kehoe went to a nearby house and claimed that a man kidnapped them and killed her children. Unbeknown to Kehoe, her son Sean had survived the attack and was able to tell authorities in the hospital later that day what truly happened.
 In November 2009, Kehoe stood trial for the murder of her son Seth and plead insanity. She was later found guilty of 1st Degree Murder, Attempted Murder, and Child Endangerment. In December 2009, she was sentence to life without the possibility of parole for the murder, 25 years for attempted murder, and 10 years for the child endangerment charged.
 
 Click here for the article about the trial. This also has short video clips of the trial including testimony from both psychologists, the recorded statement from Kehoe's surviving son, and the Kwik Star surveillance video of the family shortly before the horrific crime.
 Click here for the article about the sentencing hearing and how Kehoe's husband asked for leniency but the judge denied it. (Please note that the dates written in the article are wrong. Kehoe committed the crime in 2008 and the trial was held in 2009)

 For me, this case hit extremely close to home, in more ways than one. First off, there is the physical aspects of the crime. Kehoe stopped with her boys at the Kwik Star in Jesup, Iowa (which is where I live) and the store clerk who testified is a person that I know.
 After leaving Kwik Star, Kehoe drove down the road and stopped to let her boys play at the playground in front of St. Athanasius School. This playground is located directly behind my house (all that separates my yard from the playground is a single row of trees) and my oldest son plays there often. At this point in the time line, Kehoe purposely left her cell phone so that nobody could call for help.
 From the park, Kehoe drove a few miles further to Hook-n-Liner Pond. This happens to be my husband's and my fishing spot (since this happened though, we have decided to find a new spot). It is located in an extremely secluded location so a person would have to be familiar with the area to find it. Kehoe was originally from this area. In fact, the house down the road from it used to be owned by one of her relatives.
 After she committed this heinous act, the first officer on the scene was my neighbor (at that time) from across the street. He later told me that it was a very disturbing scene and he had an emotionally hard time dealing with it afterward.
 This case also hit close to home for me emotionally because I am a mother of two boys as well (my oldest is 6 and my youngest is 18 months) and their ages were relatively close to the ages of Kehoe's boys. As a mother, it is hard to fathom how a person could harm their own child. Even on the most stressful of days (and believe me, there are a lot of those when you have two young ones), I still cannot even dream of hurting them. Although I have always been interested in psychology and criminology, it is this lack of comprehension that propels me to learn more in search of answers or better yet, theories as why this sort of thing happens.
 I followed this case very closely  because I suspected that Kehoe would attempt an insanity plea. My initial thoughts, before I knew all the facts, was that her attorney would claim it was Munchhausen Via Proxy (based on an incident prior where she drove her van with her kids inside into a river and then in this case, the fact that she ran for help after the fact and concocted the story about being kidnapped).
 When I watched the trial on CNN's In Session, I was very surprised to hear about how severe Kehoe's depression was. The psychologist for the defense testified that Kehoe had actually undergone Electric Shock Therapy treatment up to 44 times in the last 12 years. Regardless of the severity of her depression, Kehoe was not insane (by the legal definition). She knew right from wrong and there was a lot of strong evidence to support malice aforethought (which is the determining factor for Murder in the 1st Degree).
 Another thing that stood out to me during the trial was Kehoe's defense attorney. When I saw her, she looked, at times, somewhat disheveled in appearance compared to the crisp, clean-cut prosecutor. Her closing arguments were also horribly delivered. She occassionally stumbled across words, at times seemed to lack confidence in what she was saying, and a few times she paused for long periods of time as if she had lost her place in her speech. Even though the evidence against Kehoe was overly abundant, it is my opinion her attorney really didn't help her case either.
 You can see the closing arguments, other court segments, and a photo timeline of the Kehoe case here as well.

In 2003, there was a woman who killed her husband and kept his body locked in her bedroom for a year. This happened in Defiance, Iowa which is near my hometown in western Iowa. I found an article about it that really explains what happened and how her trial went.

http://news.findlaw.com/court_tv/s/20040421/21apr2004101845.html

It is really interesting because she was trying to defend herself because her husband was always beating her. Everyone in the town, which is about 350 people, knew that he was beating her and no one really tried to stop him. The wife shot her husband in the back of the head with his gun and put his body in their bedroom and locked the door. If that isn't gross enough, she and her children continued to live in the house the whole time. When the police found his body a year later, it was very decomposed, but the autopsy stated that he was shot in the back of the head, which lead prosecuters to believe that she didn't kill him in the form of defense, since he was not coming at her at the time she shot him. As far as I know she was guilty of second-degree murder with a 50-year sentence with 35 years before she could be on parole.

The Twinkie Defense

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Have you ever seen the Oscar winning film, Milk? This article is about the man (Dan White) who murdered the San Francisco mayor, George Moscone, and the board supervisor, Harvey Milk. This case gained notoriety not only because the first openly gay official was murdered but also because many media agencies reported that White beat the murder conviction by using an insanity plea (stating that he ate too much junk food which made him insane). The media nicknamed this defense tactic as  the Twinkie Defense. 
http://www.trutv.com/library/crime/criminal_mind/psychology/insanity/7.html
 

Insanity: a Luxury Plea

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A man gets out with no sentence after he kills his wife, all evidence pointed to him. A woman drowns her five children in the bathtub, because she hears the voice of satan. Many more of these cases have been dealt with and guilty people get off! Is there really justice in the Insanity Plea? Can anyone be "insane?" Is "insanity" a luxury only certain people can afford, or do you really have to be *coo-coo for cocoa- puffs* to be let off regular sentence all because you weren't thinking right? To me the insanity plea is outdated and not just- at all! After doing a search on it though I came across a history put out by IPTV on the Insanity Plea. While my opinion is anyone who commits crime is "insane" and needs punished to the just degree, maybe someone is looking out for the rare percent that actually is "insane" in what they do.

http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/history.html

Adult Crime, Adult Time

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This is a very interesting and controversial article that I found on the CNN website. In this article it is discussed how the law in Connecticut changed the age at which a teenager could be tried as an adult. The original age was 16 and it was raised to 17. I think that this relates to the class because there are many psychological issues at question. In the beginning of an article a 16 year old boy stole gum from his peer and was charged with third degree assault. Because of this he had to do time. His parents were worried about him being in the same facility as other males much older than him. The psychological question is how will this experience affect his future? It is psychologically successful to put a 16 year old theft in with 35 year old rapists? How will this affect his future and his goals in life? I think this issue is very important to think about because I personally do not believe that juveniles should get away with rape or murder, but I also do not think a petty theft by a minor should be treated the same as a theft by an adult.

http://www.jstor.org.proxy.lib.uni.edu/stable/1394168?seq=1

Here is the link to the article.

Sentencing-This American Life

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http://www.thisamericanlife.org/Radio_Episode.aspx?episode=143

We've all heard occasional news stories about how some of the drug laws enacted in the last 15 years may have gone too far. First time offenders get locked up for decades. Judges -- even Republican appointees -- say that mandatory minimum sentences prevent them from making fair rulings. But have sentences really gone too far? This hour examines the areas where a consensus is growing on the problems in federal drug laws, and it explains the areas where drug laws seem to be administered fairly.

 

Mandatory Sentencing

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http://www.npr.org/templates/story/story.php?storyId=1623747

January 29, 2004

Georgia's Supreme Court reviews the sentence of Marcus Dixon. The 18-year-old African American was convicted of aggravated child molestation for having sex with a 15-year-old girl, a crime that carries a mandatory minimum sentence of 10 years in prison. The case is fueling a debate on the fairness of mandatory sentences. Hear NPR's Ari Shapiro.

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