The entire nation seems to be obsessed with the Lindsay Clancy trial in Massachusetts. It’s not a question of whether she murdered her children, for she has already confessed to that. What the jury has to determine is whether she is criminally liable or mentally challenged. And for six days, they have not been able to make that determination.

The strange thing is that there was a similar case over 40 years ago, when a young man who was having mental problems attempted to assassinate President Reagan in order to impress Jodie Foster. His name was John Hinckley. The jury had to listen to evidence provided by his parents and the psychiatrist they had hired for over a year to help get their son back on track. Their other children were leading successful lives, but John Hinckley wasn’t able to.

The problem was that the jury had to decide between three verdicts: guilty, not guilty by reason of insanity, or just plain not guilty. The evidence provided by the family and the psychiatrist indicated major mental problems. They heard from different psychologists and psychiatrists who basically contradicted each other. There was no test, such as a blood test, to prove Hinckley was insane or sane. It was all subjective. The jury went with not guilty by reason of insanity, for they felt the law left them no choice. They were ashamed of it, but felt they followed the law as presented to them.

After the Hinckley trial, nearly half the states in the nation adopted a new verdict known as Guilty but Mentally Ill (GBMI). Massachusetts doesn’t have such a law. That’s why this trial is a black eye on American justice. The jury is trying to come to a conclusion that not even psychologists or psychiatrists can all agree on.

So, after over 40 years, this issue hasn’t been resolved. The best solution is for a jury to determine guilt. If there is an issue with mental competency, a board of psychologists and psychiatrists will have to determine if the guilty person goes to prison or a secure mental hospital. But the guilty verdict remains.

Any comments?