The Lindsay Clancy trial.

[beccahamlet]

Is anyone following it? Absolutely heartbreaking. All such lovely people.

The closing statements were powerful. The prosecution's was extremely measured and convincing. Such a difficult case.

I think, at that time, that she didn't think their lives were worth living without her.

i think she was severely unwell but i do believe she knew what she was doing was wrong and against the law.

The legal test is mental illness plus

A) unable to appreciate the wrongfulness of her actions

OR

B) unable to conform her behaviour to the law (due to that illness).

So even if she knew it was wrong she can still be found not criminally responsible if the jury believe that at the time her mental illness deprived her of the ability to obey the law.

The information the defence used in an attempt to get a juror removed suggest that, in the UK, we would now have an 11-1 majority verdict. We don't know what that verdict would have been, but the fact that the prosecution was happy for the jury to remain deadlocked suggests that the lawyers think it would have been not guilty. However, the USA requires a unanimous verdict. So now there will either be a fresh trial and we'll go through the whole thing again, or there will be a plea deal. As I understand it, Lindsay Clancy is going to spend the rest of her life in custody whatever happens. The only question is whether that will be in jail or in a mental health facility.