Discussion – Criminal Defenses. Two Prosecutions—Two Different Results. In 2002, Brian David Mitchell and his accomplice and wife, Wanda Barzee, kidnapped fourteen-year-old Elizabeth Smart from her home. Mitchell, a so-called street preacher, and Barzee held Smart captive for nine months, tethering her to a metal cable, subjecting her to daily rapes, and forcing her to ingest alcohol and drugs (Dobner, J., 2010). At one point, they transported Smart across state lines to California. Mitchell was put on trial for kidnapping and sexual assault in the state of Utah. The trial court found Mitchell incompetent to stand trial, and did not make a ruling forcing him to submit to medication to remedy the incompetency (Dobner, J., 2010). Discussion – Criminal Defenses. Unlike Mitchell, Barzee was involuntarily medicated pursuant to a state court order (by the same judge that heard Mitchell’s incompetency claim), and pleaded guilty to federal and state kidnapping, sexual assault, and illegal transportation of a minor for sex, receiving two fifteen-year sentences, to be served concurrently (Dobner, J., 2010). The federal government also instituted a prosecution against Mitchell for kidnapping and taking Smart across state lines for sex.
Discussion – Criminal Defenses. The US District Court judge held a competency hearing and found that Mitchell was competent to stand trial (Winslow, B., 2010). Mitchell pleaded not guilty by reason of insanity. Throughout the trial, Mitchell was often removed from the courtroom for loudly singing Christmas carols and hymns. A serious of experts testified regarding Mitchell’s psychological ailments, including a rare delusional disorder, schizophrenia, pedophilia, and antisocial personality disorder. Nonetheless, the jury rejected the insanity defense and convicted Mitchell of kidnapping and transporting a minor across state lines for the purpose of illegal sex (Dobner, J., 2010). If Mitchell had not committed federal crimes, he might still be awaiting trial in Utah. What is the purpose of putting Mitchell on trial rather than delaying the trial for mental incompetency? Is this purpose ethical? Use APA referencing style.