I had an idea this evening...

as I was driving to Trivia in Torrance (we won!).  It had to do with the Aurora shooting last year.  The pre-trial court stuff is going on and someone had suggested that perhaps the best thing James Holmes could do for his victims would be to plead guilty.  That would allow the survivors and their families to avoid taking part in a trial.  That may or may not happen.

But in our present system of jurisprudence that will judge Holmes, if he pleads not-guilty by reason of insanity, there will be a trial.  He may be found guilty or not guilty, but there will be a trial (unless a plea-arrangement is reached before or during that trial).

If he is found innocent by reason of insanity (mental defect, the terminology varies from state to state) he will remain in an institution until and unless at some point in the future he is determined to be sane.  Then he might get out.

My idea is that when someone commits a crime where they may be executed as a result of that crime if found guilty in a court of law, they have a choice.  Stand trial and face the death penalty.  Or, plead guilty by reason of mental defect, which will carry an automatic life sentence without parole.  Someone who kills where they would face the death penalty may someday kill again.  Measuring insanity/mental defects isn't an exact science.  It may be too harsh, but the overall benefit is that society as a whole would be safer.  There would be no risk that this person might kill again, due to or not due to their mental health issues.

They could be housed in an institution for the insane.  Not a prison.  No iron bars.  But it would still be somewhere that they would no longer be free to harm the innocent.

Just an idea.