Discussion

• Brainstorm a list of 5 things you know about the January 8th shooting in Tucson

Jared Lee Loughner• Charged with the shooting in

Arizona that killed six people, including U.S. District Court Judge John Roll, and injuring 14 others, including U.S. Representative Gabrielle Giffords.

• Indicted on 49 counts by federal grand juries in Arizona.

• These counts include: attempted assassination of a member of Congress and two counts of murder of a federal employee.

Jared Lee Loughner: Timeline after arrest• After his immediate arrest, Loughner “pleaded the fifth” and refused to speak

to officers.• January 19, 2011 – held without bail at the Federal Correctional Institute of

Phoenix• February 4, 2011 – Transferred to the United States Penitentiary in Tucson• March 9, 2011 – Loughner appeared in court and pleaded “not guilty” to all

49 charges• May 25, 2011 – Loughner is diagnosed with schizophrenia and ruled

“incompetent to stand trial” (This puts the criminal case against him on hold)– Starts psychiatric treatment at the U.S. Medical Center for Federal prisoners in

Springfield, Missouri• June 26, 2011 – Court ruled that prison doctors could forcibly medicate

Loughner with antipsychotic drugs in order to make him fit to stand trial • July 12, 2011 – Loughner’s defense team appeals the forcible medication,

but the appeal is later denied• August 30, 2011 – Arguments opened in court over the lawfulness of this

treatment• September 28, 2011 - Loughner’s lawyers unsuccessfully objected to him

appearing at the hearing. Upon his arrival, Loughner disrupted the court hearing with an outburst, and was carried from the court room.

• As of December 2011, arguments are ongoing, and Loughner continues to be temporarily treated.

The January 8th Tucson shooting highlights two controversial issues:

1. Has the government made the right choice with their treatment of the mentally ill?

2. Should there be limits to citizen gun ownership?

Issue #1: Treatment of Mentally Ill• Sychizophrenia: a mental disorder characterized by a breakdown

of thought processes and by poor emotional responsiveness. Characteristics may include: auditory hallucinations, paranoid behavior, bizarre delusions, or disorganized speech and thinking. The onset of symptoms typically occurs in young adulthood.

• In your opinion, do you think Jared Loughner is sychizophrenic?• Criminal Insanity: a defendant must have been so impaired by a

mental disease or defect at the time of the act that he or she did not know the nature or quality of the act, or, if the defendant did know the nature or quality of the act, he or she did not know that the act was wrong.

• In your opinion, do you think Jared Loughner is criminally insane?• The insanity defense should not be confused with incompetency:

People who are incompetent to stand trial are held in a mental institution until they are considered capable of participating in the proceedings.

• In your opinion, do you think Jared Loughner is incompetent?

Arizona Laws on Incompetency• Arizona law does not permit a verdict of “not guilty by reason of insanity”,

but does allow for a verdict of "guilty but insane”• An incompetency ruling does not eliminate the insanity defense; it is simply

an alternative for defendants who are found to be mentally ill, but whose illness is not severe enough to relieve him of criminal responsibility.

• Specific AZ Incompetency Laws: 1. A person shall not be tried, convicted, sentenced or punished for an offense

if the court determines that the person is incompetent to stand.2. At any time after the prosecutor charges a criminal, any party or the court

on its own, may request that the defendant be examined to determine the defendant's competency to stand trial.

3. The court may order the defendant to submit to physical, neurological or psychological examinations, if necessary, to adequately determine the defendant's mental condition.

4. If the court initially finds that the defendant is incompetent to stand trial, the court shall order treatment for the restoration of competency unless there is clear and convincing evidence that the defendant will not be restored to competency within fifteen months.

5. In the majority of cases, a mentally ill defendant deemed incompetent receives treatment until he is deemed "restored to competence," and returns to court.

Interesting Facts• About one in four adults, an estimated 26.2% of Americans,

57.7 million people ages 18 and older, suffer from a diagnosable mental disorder

• Mental disorders are the leading cause of disability in the U.S. and Canada

• The insanity plea is used in less than1% of all U.S. Criminal Justice System criminal cases; 35% of those are murder cases. One fourth are successful.

• Three states -- Montana, Idaho, and Utah -- do not allow the insanity defense

• A defendant who receives a GBMI (guilty but mentally insane) verdict is sentenced in the same way as if he were found guilty. The court then determines whether and to what extent he requires treatment for mental illness. When, and if, the defendant is deemed "cured" of his mental illness, he is required to serve out the rest of his sentence.

• By 2000, at least 20 states had enacted "guilty but mentally ill" provisions……. Including Arizona

What do you think?!?!• What is the difference between incompetency

and criminally insane?

• Should states allow criminals to plead insane or incompetent?

• Should guilty verdicts be less punishable if the person is deemed incompetent?

• Should states be required to fund psychiatrists for mentally ill criminals?

Issue #2: Gun Ownership• The Second Amendment states:• “A well regulated Militia, being necessary to the

security of a free State, the right of the people to keep and bear Arms, shall not be infringed”

• What is a militia?• What does the second Amendment mean? Put

it in your own words!• Some people argue that this amendment only

pertained to the feelings of Americans when it was passed in 1791. What do you think? Is this Amendment outdated?

Arizona Gun Laws• It is important to note that gun laws vary by state. Firearm owners are

subject to the firearm laws of the state they are in, and not exclusively their state of residence.

• National Firearms Act (NFA) requires the registration of firearms (This is a FEDERAL law)

• Concealed-carry permits are issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety.

• Even if you do NOT have a permit, you are still allowed to purchase a gun• On April 16, 2010, governor Jan Brewer signed into law a bill that legalizes

the carrying of concealed firearms and other weapons in most places without a permit for adults over 21 years of age.

• Arizona will still issue concealed carry permits for purposes of carrying concealed weapons in other states and permits will still be required for carrying in certain sensitive areas within Arizona such as in bars or on school grounds.

• Open carry without a permit is still legal in most places for 18-20 year-olds, and for emancipated juveniles

• Arizona is only the third state in U.S. history (after Vermont and Alaska) to allow the carrying of concealed weapons without a permit, and it is the first state with a large urban population to do so

Arizona Gun Laws

• In Arizona, you are NOT allowed to carry a weapon at the following places: nuclear power plants, polling places (only on election days), airports, jails, schools, establishments that solely serve alcohol (bars), any private property in which the owner forbids it, and in correctional facilities.

• In Arizona, you could NOT own a weapon if you are one of the following: someone that has been found mentally ill, a convicted felon, imprisoned, on probation or parole, undocumented aliens or foreigners.

This map shows gun ownership from states with weaker gun laws (dark-red), to stricter gun laws

(dark-blue)

What do you think?!?!• Is there any correlation between gun ownership

and homicide rates? • Do you think American citizens should have the

right to own/carry a weapon? Why or why not?• Do you support Arizona gun laws? What could

be changed/added?• If Arizona had stricter gun laws, do you think it

would prevent criminal shootings? (Like the Jan 8th one in Tucson)

• What can the government do, if anything, to prevent mass-shootings by gun owners?

Dianne Sawyer’s Interview with Congresswoman Gabrielle Giffords.

• This video addresses the following topics:– Background of January

8th shooting– Victims of the shooting– Effects it had on

Giffords– Giffords road to

recovery– Where should we go

from here? http://abc.go.com/watch/2020/SH559026/VD55153303/gabby-giffords--mark-kelly-courage-and-hope