Suspect in Elizabeth Smart Kidnapping Competent to Stand Trial
By MARY KATHRYN BURKE
Britney Schuldt
Brian Mitchell, Suspect in the Elizabeth Smart Kidnapping, Competent to Stand Trial - ABC News
Summary:
Yesterday a self-announced prophet was ruled by a federal judge about faking being mentally ill. Elizabeth Smart was kidnapped and raped by Brian David Mitchell, who pretended to be ill so that people thought he couldn't control his behavior. This ruling comes eight years after Smart was snatched from her bedroom in Salt Lake City when she was just 14. She testified to being forced to take part in a "marriage ceremony", and to being raped daily. Also, that she was kept chained in Mitchell's mountain hideout. During the 10 day hearing last October, Mitchell had to be continually removed from the courtroom because he would randomly start singing. The judge concluded that Mitchell's courtrom singing "is a contrivance to derail the proceedings and create the false impression that he is unable to control his behavior." Because Mitchell has refused to submit to any psychological evaluations or diagnostic tests, Kimball had determined that Smart's testimony was necessary. Ed Smart, Elizabeth's father, told "Good Morning America" that, "He's manipulated the system to the nth degree, he is competent. He is a pedofile and he needs to be brought to trial."
Connection to class:
This relates to social studies because we learned about the Judaical Branch. We also learned that someone can only be on trial once for a specific crime, so that means that if people believed that Mitchell was mentally ill and was cut some slack because he couldn't control his actions, he couldn't be trialed on the rape of Elizabeth Smart again.
Questions:
1. Would you act ill in a hearing to try and convince people your actions were because you are challenged? Why or why not?
2. How would knowing that your sex-offender was not charged effect your life?
3. How did Elizabeth feel about testifying against him? And would you feel the same way?
My answers:
1. No, I would not act ill to help win over the judge and jury, because I would be afraid. Reason being is that I wouldn't know what would happen if I got caught. I would be nervous that my punishment would be worse if they new I was acting, so I would just not do it in the first place.
2. If I knew that the person who raped me was not in jail I would be worried. I would think they are out to get me. I don't think that I would be comfortable where ever or whenever the kidnapping happened.
3. Elizabeth felt hesitant about testifying against them and didn't really want to at first. If I was in her position, I too, would want him in jail because I believe once a rapist, always a rapist; he will probable do it again.
Comments (4)
Elizabeth P. said
at 6:01 pm on Mar 4, 2010
1. I wouldn't because people would probably just assume that you are like this that way you can not have to go through what the jury would ask you, if you didn't plead the fifth. Also, someone else in the courtroom knows how you really behave, Elizabeth Smart, because they had to "live" with you for a long time where no one else was watching your behaviors.
2. I think that I would be very mad because you know the truth but the person wouldn't admit it. Also, you would be able to know that they are still out there in the world and could easily hurt someone else.
3. I think that she felt very timid about it, but knew that it was the right thing because otherwise, if he was not put in jail, then he could, again, go out and hurt someone else. If I were her, I would probably feel very scared about it, because say that he was not put in jail, he could come back and try and get you again because basically the entire world knows what you did and believes her story.
Elizabeth P. said
at 6:02 pm on Mar 4, 2010
1. I wouldn't because people would probably just assume that you are like this that way you can not have to go through what the jury would ask you, if you didn't plead the fifth. Also, someone else in the courtroom knows how you really behave, Elizabeth Smart, because they had to "live" with you for a long time where no one else was watching your behaviors.
2. I think that I would be very mad because you know the truth but the person wouldn't admit it. Also, you would be able to know that they are still out there in the world and could easily hurt someone else.
3. I think that she felt very timid about it, but knew that it was the right thing because otherwise, if he was not put in jail, then he could, again, go out and hurt someone else. If I were her, I would probably feel very scared about it, because say that he was not put in jail, he could come back and try and get you again because basically the entire world knows what you did and believes her story.
Adrian T. said
at 7:47 pm on Mar 4, 2010
1) No, I would act honestly and with integrity. To act ill first takes good acting(which I don't have), and second, you would have to live with guilt for the rest of your life, since you lied in a courthouse.
2) Well, there has been many more cases concerning sex-offenders "getting off the hook". It wouldn't really effect my life unless I personally knew the victim, but I would be sympathetic for he/she and angry at how someone could get away with such a sick crime.
3) I'd guess that Elizabeth would feel very alienated and depressed, but would be determined to send the offender to jail. In her situation, I'd probably have similar emotions.
Sean P said
at 9:08 pm on Mar 4, 2010
1) I would not act mentally ill to evade charges due to the fact that you are under oath and must state the truth when testifying in court. Acting in a way to try to convince others you cannot control yourself would violate that.
2) I would be angered if someone got away with a crime such as rape because I would know he was rightfully guilty. I would also have fear because they might A) try to hurt me again, and B) continue with what they were doing to someone else.
3) She probably felt insecure having to face the man who abused her, but hope and determination because she nor anyone else would have to deal with him.
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