Schoenborn Verdict not a Crowd Pleaser

(Aired on February 23, 2010)

The decision yesterday by Mr. Justice Robert Powers to find Allan Schoenborn not criminally responsible for the death of his three children will not be a popular one. Indeed, many do not comprehend how a man could be found guilty of killing his children, understood the gravity of what he was doing, and yet somehow didn't have the capacity to understand whether it was morally right or wrong.

That he had some kind of mental issues I don't think anyone will dispute. What the general public is concerned about is- do those issues excuse him from jail time? Prosecutor Glenn Kelt might have put it best when he said our justice system doesn't punish people who are sufficiently mentally ill and aren't responsible for their actions.

If we knew that Schoenborn was going to be in a psychiatric facility for a long, long time, and getting treatment for his illness, we might be more satisfied. But most of us don't understand the complexities of treating the mentally ill, how the psychiatric facilities work, and we have this feeling that somehow, after a short period of time, someone will declare Schoenborn suddenly "cured" and he will walk back into society.

Mental illness is a tough thing to diagnose, and it is even tougher to treat. Many psychiatrists who testified at Schoenborn's trial indicated that it will be tough to treat him. It is not an easy decision to take. And many will see it as unfair. But in our justice system, and in a democracy, we have to place some faith in those who make those judgments. Taking on the office of judge involves taking on a grave, and yes, oppressive responsibility. I believe that Justice Powers gave a lot of thought to his decision, weighed everything thoroughly, and made what he felt was the right decision. And, in the end, that's what democracy is all about.

We don't agree with all the decisions, but in the end, we have to have faith that, after weighing all the evidence, the right decision was made. Having said that, I wonder if Darcie Clarke, the mother of the three slain children, can find peace with the judge's decision. I hardly think so.