Schaffhausen’s plea change may mean that the defense recognizes that the evidence against Schaffhausen is overwhelming with respect to the issue of guilt.
(PRWEB) April 22, 2013
Aaron Schaffhausen, accused of killing his three daughters, wanted to change his plea to guilty. Minneapolis criminal lawyer Kevin W. DeVore was asked by FOX 9 News (3.27.13) how a plea change would affect this high profile murder case in Wisconsin.
“Schaffhausen’s plea change may mean that the defense recognizes that the evidence against Schaffhausen is overwhelming with respect to the issue of guilt,” said DeVore.
Schaffhausen is facing three counts of first-degree intentional homicide in the summer deaths of his three daughters, who ranged in age from 5 to 11 years old.
Schaffhausen's first plea was not guilty by reason of insanity. In Wisconsin, a defendant pleading insanity undergoes a two-part trial. In the first part, the jury would determine whether Schaffhausen was guilty of the crimes. If Schaffhausen were found guilty, the second part would determine if he was sane at the time the murders were committed.
By pleading insanity, the burden of proof falls on the defense. Basically, if Schaffhausen’s defense lawyers say he is insane, they have to prove that had a mental disease or defect at the time of the crimes. They also must establish that, as a result, he was unaware that his actions were wrong and-or he was unable to stop himself from committing the crimes.
“The successful use of the insanity defense may be rare but, when the accused has a mental issue that prevents him or her from knowing right from wrong, it should be used. The legal system needs moral checks and this defense allows the law to impose treatment rather than punishment on those individuals who lack the capacity to understand their actions,” said DeVore.
Both verdicts carry a criminal penalty.
For updated information on this case view a recent article published on Twin Cities.com on April 17, 2013.
About Kevin W. DeVore:
Minneapolis criminal lawyer Kevin DeVore offers experienced and aggressive criminal defense representation to people throughout Minnesota and the Midwest. With more than a decade of experience in the area of criminal defense, Kevin has a working knowledge and relationship with the law and the courts of the region. ‘Small firm’ values are expressed in his commitment, while ‘big firm’ expertise and resources help ensure the best possible results for a case.
Kevin DeVore has been designated as a “Super Lawyer” for the past 9 years in a row. This recognition is given to only 5% of the lawyers in the State of Minnesota. He is a certified Criminal Law Specialist and has been featured in the Star Tribune, Pioneer Press, and Law & Politics Magazine for his acclaimed criminal defense victories.
If you have been charged with a crime in Minnesota, contact Kevin DeVore at 651-312-6519.