June 19, 2026

"[If] the jury were to find Mangione guilty while accepting the emotional disturbance defence, they would have to convict him of manslaughter."

"That would carry a sentence of up to 25 years in prison, rather than murder, which could mean a life sentence. An extreme emotional disturbance defence only applies to defendants in New York state who are accused of murder. It differs from a 'not guilty by reason of insanity' defence, which would allow a defendant to go to a psychiatric facility instead of prison...."

From "Luigi Mangione withdraws plans for psychiatric defence at murder trial/Lawyers earlier said they would argue the Ivy League graduate, 28, was suffering from ‘extreme emotional disturbance’ when he allegedly shot Brian Thompson" (London Times).

"Days after his arrest and before Mangione retained her as his lead attorney, [Karen Friedman] Agnifilo told CNN that a psychiatric defence could be the right move for him. 'There might be a not guilty by reason of insanity defence that they’re going to be thinking about, because the evidence is going to be so overwhelming that he did what he did,' Friedman Agnifilo, then a CNN legal analyst, told the network."

32 comments:

Smilin' Jack said...

“An extreme emotional disturbance defence only applies to defendants in New York state who are accused of murder.”

I’m surprised NY doesn’t have a “not guilty by reason of being evil” defense. It’s probably coming soon.

Michael Fitzgerald said...

Put him in a cell with Irina's murderer.

Narr said...

All this psychologizing is a crock. almost always deployed to shield evil perps from consequences.

Caroline said...

It's depressing to me what our justice system has become, a system to be gamed. Justice seems to have less and less to do with it.
@Michael Fitzgerald - there ya go.

Mary Beth said...

First I wondered, aren't most murders committed while the killer is experiencing an extreme emotional disturbance? Then I thought, an exception might be hit men. Then I wondered how different this killing was from a hit. He got paid in adoration instead of money and the whole thing was carried out rather sloppily, but it still seems like a hit.

bagoh20 said...

I was and I am crazy homicidal, so of course you can't put me in jail.

rehajm said...

They’re making it cleaner for jury nullification and/or Hawaiian judging during ‘sentencing’…

rehajm said...

No way they send him to Sing Sing

Leland said...

in a cell with Irina's murderer

He was ruled incompetent to be tried for murder. Seemed pretty competent while murdering Iryna.

Aggie said...

They're just exploring their defense options to settle on the one that offers the best marketing opportunities. Luigi has to think ahead and plan for the future, you know. When he's declared not guilty, because reasons.

Wa St Blogger said...

I’m surprised NY doesn’t have a “not guilty by reason of being evil” defense. It’s probably coming soon.

It will be (and almost is) "not guilty by reason that the action aligns with what the liberals want."

Ann Althouse said...

Italics are a bad idea around here, where a lower case "i" is hard to achieve disconnected from other letters.

RideSpaceMountain said...

I'm inclined to believe that everyone in NY has an extreme emotional disturbance.

Left Bank of the Charles said...

Mangione’s attorneys reportedly have backtracked.

Dave Begley said...

Yeah, he was emotionally disturbed. He's a Progressive.

Iman said...

Batshit Lothario With the Caterpillar Eyebrows

Ann Althouse said...

"Mangione’s attorneys reportedly have backtracked."

Yeah, that's precisely the topic of the post!

Lazarus said...

Make "emotional disturbance" a defense and you'd empty out the prisons. Outside of mystery novels and tv shows, most killers aren't cold-blooded and rational.

IamDevo said...

It was bad enough when the M'Naughton Rule entered the picture. It allowed murderers to escape capital punishment by opting for confinement in a facility for the criminally insane. But over the years the concept of mental incompetence as a means to escape just punishment for capital crimes was expanded by bleeding heart judges and legislatures to the ridiculous point of having available a "defense" of "extreme emotional disturbance," which I understand to mean " they lost self-control due to extreme distress, such as intense anger, fear, or sadness." Since Mangione is captured on video cooly stalking and assassinating his victim then running away, I would not not, as a matter of law, allow that defense to be presentd or argued. Anyway, I think the entire concept of "legal insanity" should be done away with and guilt or innocence determined on the objective analysis of the defendant's actions and the consequences. The victim is no less dead if the killer thought he was shooting at a stray cat; the intent to kill/maim is the same whether it is a cat or human being the defendant shot at.

Peachy said...

Criminal Dems love other criminals.

Tina Trent said...

I'm OK with a very, very clear-cut guilty but insane finding so long as the offender is placed in a safe facility, and if he or she is stabilized, then serves the rest of the comparable sentence in prison.

Peachy said...

He is so loved by the vile democrats - I expect he will get off very easy. Even released. That's how sick the left are.
Criminals who love criminals.

Peachy said...

Anyone who murders another is insane.
It's not an excuse or a defense.
Retribution and punishment are required in a civil society.

Yancey Ward said...

If he skates (I don't think he will but maybe I have become too naïve in my old age), he will spend the rest of his life looking over his shoulder for the retribution that will surely come from Thompson's male relatives.

rehajm said...

…when he skates, even if he does some time (didn’t we learn murder is a light sentence in NY?) they’ll make him a senator so he’s untouchable by a society looking to make amends…

Narr said...

I can't predict what the legal system's front office will end up doing, but I suspect that life in the cells is now very hard on the little college boy.

Skeptical Voter said...

Back shooting bozo should do some hard time.

Left Bank of the Charles said...

“Yeah, that's precisely the topic of the post!”

The full context of your post is behind the London Times paywall. I do appreciate the New York Post for not having a paywall. In any case, I was responding to the comments premised on the defense being offered.

From what I’ve been able to garner, the extreme emotional disturbance defense has been more successful in winning new trials on appeal for failure to give jury instructions on the defense than it has been in winning actual acquittals.

Based on that, I’m going to guess the defense lawyers did this maneuver of filing and then withdrawing their defense notice in order to set up an issue for appeal.

narciso said...

He was very deliberate in how he planned the deed, this is not manslaughter

hawkeyedjb said...

He committed murder in December 2024. A year and a half later we aren’t close to trying him. What an infuriating system.

mccullough said...

He should represent himself and plead guilty. Same with Karmelo Anthony. Criminal defense attorneys are a waste of money. Johnnie Cochran is the last good one.

Wilbur said...

"He got paid in adoration instead of money"

His legal defense fund is over $1.5 million.

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