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Originally Posted by DaveB
I don't think this demonstrates that, in the moment, they cared about the distinction between sentences for murder and sentences for rape, assault, etc., though. It just means that they didn't want to get caught. Killing the victims wouldn't have eliminated evidence - bleach, at least to their fucked-up troglodyte minds, would. I can't imagine that, if you're this far removed from general human levels of acceptability, you'd be thinking that strategically in the moment.
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Right, but I brought this up in the context of the death penalty, which even the most aggressive advocates of would reserve for premeditated crimes (even if it isn't for murder, like here). Premeditated means that there is a significant thought process behind it, so the
Heat effect would still probably apply.
Also, temporary insanity is commonly pled in violent crimes, but almost never in the "twinkies made me do this!" context that many seem to attach to it. It also doesn't mean that the perp walks away free; 95% of the time, it just means that the death penalty isn't applied, and decides what kind of institution you're going to spend the rest of your life locked up in.