Understanding the burden of proof for insanity claim in American Sniper trial

STEPHENVILLE, TX - FEBRUARY 11: Former Marine Cpl. Eddie Ray Routh appears in court on the opening day of his capital murder trial at the Erath County Donald R. Jones Justice Center on February 11, 2015 in Stephenville, Texas. Routh, 27, of Lancaster is charged with the 2013 deaths of former Navy SEAL Chris Kyle and his friend Chad Littlefield at a shooting range near Glen Rose, Texas. (Photo by Tom Fox-Pool/Getty Images)

Former Marine and Iraq War vet Eddie Ray Routh was found guilty of killing “American Sniper” author Chris Kyle and his friend Chad Littlefield. The jury took less than three hours to reach its verdict. The case highlights how difficult it is for the “reason of insanity” defense to work in court.

Former Marine and Iraq War vet Eddie Ray Routh was found guilty of killing “American Sniper” author Chris Kyle and his friend Chad Littlefield. The jury took less than three hours to reach its verdict. The case highlights how difficult it is for the “reason of insanity” defense to work in court.

What is the threshold for the determination of “legal insanity” in Texas? Is it different in California? Would the outcome of the so-called “American Sniper” case be different if it was tried in California?

Guest:

Laurie Levenson, Professor of Law, Loyola Law School