The sacrifice of Kim Potter is the price we pay to maintain a civilized society [View all]

[Shermann]

I've only seen the highlights of the trial, but I can't say I'm impressed with the arguments provided by the defense. There was an effective characterization of her character and her mentality at the time of the shooting, but there was also an unconvincing attempt to justify the shooting. I think the focus should have been on this being a sensory overload situation. This can occur with jet fighter pilots in the heat of battle. There is so much going on that they become oblivious to some of the sights and sounds going on in the cockpit. To me it is entirely conceivable that Potter had tunnel vision on the threat of Wright at the wheel. Potter's training as an officer would have built up her muscle memory of drawing and firing, so that mechanical process could occur with less conscious thought than with one who is untrained. Where were the expert witnesses on this?

Potter was tested and, tragically, failed that test. As an officer armed with deadly force, she assumed the elevated risk of prosecution resulting from these types of scenarios. Members of the armed forces assume the risk of court martial as well. Most Americans can lead their entire lives without ever being tested in these ways.

There are other types of crimes for which there is no criminal intent, or where the intent does not match the actual crime. Drunk drivers rarely have any desire to harm others. Tagalongs to burglaries can become unwitting accomplices to murder. Crimes can be committed by those who are incompetent to stand trial.

Whether it is insanity or incompetence or negligence or irresponsibility, what is a society to do with these "offenders"? The Potter trial left us with two bad options. She can walk scot-free after a clearly unjustified shooting. This would result in protests and a sense of unfairness and injustice. Or we can lock up an individual who has not demonstrated a criminal mindset or likeliness to remain a threat. While devastating for the few, this appears to meet the needs of the many.