Lindsay Clancy: A Psychiatrist & An Attorney Explain Why Mistrial Was Inevitable Under MA Insanity Law – Ask Dr. Drew – Ep 663

Lindsay Clancy admitted to murdering her own 3 children. But the jury remained deadlocked, with 1 holdout, until the judge was forced to declare a mistrial.

Did the jurors follow the law – and what happens next for Clancy?

Massachusetts law complicates this case because it is different from most other states when it comes to an insanity defense. MA does not make the defendant prove she was insane. Once the defense puts in evidence of a mental disease or defect, the state must prove beyond a reasonable doubt that she was still criminally responsible: that she could both appreciate the wrongfulness of the killings and had the ability to control herself. Most states flip that burden onto the accused.

This means jurors can accept that she murdered her children and still vote not guilty due to insanity, if the prosecution left any reasonable doubt.

Dr. Daniel Amen, founder of Amen Clinics and a double board-certified psychiatrist, reviews Clancy’s medication list – over a dozen psychiatric drugs filled in the four months before the killings, including quetiapine, diazepam, lorazepam, and zolpidem, several of them layered on top of one another – and her insanity defense.

Attorney Christina Bobb, author of Defiant, explains why this case is unique because Massachusetts places the burden on the prosecution to prove criminal responsibility beyond a reasonable doubt rather than on the defendant to prove insanity – and news that Clancy’s attorney is seeking a pardon from President Trump.

Also joining: actress Bai Ling, known for The Crow, Star Wars: Episode III, Crank 2, and her Asian Oscar-winning performance in Dumplings, on her new music, her fashion line, and the book she is writing about Hollywood.

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