'Rockefeller' jury asks question about proof in insanity case

[DontSayBanana]

Ok, so.... his name is not Clark Rockefeller.  When he was arrested, he told the police his name was Clark Rockefeller.

...

Can someone explain to me why he would have been acquitted on that charge?

Prosecution deal ala Kim Jong Il? "You take away a charge or two, and we'll stop dragging this out and making it messier than it needs to be?"

[Caliga]

Prosecution deal ala Kim Jong Il? "You take away a charge or two, and we'll stop dragging this out and making it messier than it needs to be?"

He didn't plea bargain...... err, and after re-reading your post I have no idea what you're trying to say...

[Caliga]

Maybe if you use a name long enough it becomes your real name in some common law jurisdictions, kind of like a common law wife?

All I can figure is that the jury believed he really did believe his name was Clark Rockefeller (which, personally I do not believe, not for one single second), so therefore didn't knowingly commit a crime in that particular case.

[lustindarkness]

Maybe the jury did not want to blow his secret spy under cover identity... oh, wait.

[Barrister]

Technically, I would expect the burden of proof of any defense, such as "insanity", to rest with the defendant, not the prosecutor. However, the prosecutor does need to prove mens rea and I suppose it's often tricky to draw a clear line between mens rea and insanity defense - would you agree, BB?

I'm not sure of the burden of proof.  In our Criminal Code (which is merely a codification of the English Common law at its heart) states that the issue of mental disorder is to be established on a mere balance of probabilities.

But you're right that the issue of insanity is tightly wound up with the issue of mens rea, at least as it relates to specific intent crimes.

[Barrister]

Oh, here:

BOSTON - A German man who called himself Clark Rockefeller and spun fantastic stories about himself during three decades in the United States was convicted Friday of kidnapping his 7-year-old daughter.

Rockefeller, whose real name is Christian Karl Gerhartsreiter, snatched his daughter during a supervised visit last July. He also was charged with two assaults on a social worker and with giving a false name to police. The jury found him guilty of one of the assault counts, but acquitted him on the other and on a charge of giving a false name to police.

Ok, so.... his name is not Clark Rockefeller.  When he was arrested, he told the police his name was Clark Rockefeller.

...

Can someone explain to me why he would have been acquitted on that charge?

Juries do wierd things.  It may have been a deal in order to get certain jurors on board that they only convict on certain counts.

[Caliga]

Juries do wierd things.  It may have been a deal in order to get certain jurors on board that they only convict on certain counts.

I guess I can see that happening, but if that's what happened IMO it's disgraceful.... I don't see how anyone could think using certain counts as 'bargaining chips' makes any sense whatsoever from an ethical standpoint.

interesting footnote: the jury foreman is apparently a professor at Harvard Law School.

[jimmy olsen]

Juries do wierd things.  It may have been a deal in order to get certain jurors on board that they only convict on certain counts.

I guess I can see that happening, but if that's what happened IMO it's disgraceful.... I don't see how anyone could think using certain counts as 'bargaining chips' makes any sense whatsoever from an ethical standpoint.

interesting footnote: the jury foreman is apparently a professor at Harvard Law School.

I'm surprised, yet pleased, that they let him on the jury.