[Newspoetry] The Insanity Plea and the Death Penalty

[John Newmark]

I agree to take a life is insane,
which makes the state insane too.

except perhaps in self-defense,
except perhaps in the defense of one's country
(but not the offense of one's country -
a football team has two sides,
but a military ought to have but one.)

and while some might argue execution
is in defense of one's country
life imprisonment does the same
and is more merciful
and more just.

But that still doesn't explain
what I read at CNN.

I disagree 
with CP 
in all its vagaries.
But not all states agree
with me, 
and thee.  

The Insanity Plea, 
As I have understood it for years,
is a reference to the state of mind
at the time 
of the crime.  

Categorizing the insane
with the mentally challenged.

The Supremes 
(Stop! In the name of Law...before your break...)
 have declared 
the mentally challenged should not be executed,
and many states believe
the mentally insane should not either.

I agree with all.  

I also agree with those
who 
include
the ju-
venile, 
even though the Supremes
have not yet sung out
their opposition.  

nor should teens.  
nor should the elderly.
nor should those going to college, or the married.
(It was an excuse for the draft
...why not for the shaft?)

I have no problem 
with categorizing 
special-interest groups,
and am more than willing
to whittle down the victims
in any way offered.

But in the mean time there are psychiatrists
who can declare one sane or insane.
And there are mental diseases
that can be diagnosed.
And cured with medication.

And in this case, 
from what I have read,
there was a diagnosis
and there was medication.

But was he taking medication
at the time 
of the crime?  
The implication 
of the story is "no."
So 

accordingly 
he was psychologically
diagnosed as insane
at the time 
of the crime, 
but is now "sane" 
due to medication.

And I do not understand.
How his current state of mind
changes his state of mind
at the time
of the crime. 

I guess no one here knows
more particulars of this case,
so I will have to search
elsewhere.