If trials actually did this, competency evaluations would be superfluous. Since society is not preparing to avenge the crime, there would be nothing egregiously unfair about going straight to trial. In reality, Tortorici’s trial was a moral one. Although the prosecution acknowledged Tortorici’s overt mental illness, they emphasized that the jurors must consider whether he was legally insane, arguing that:
“The issue is not whether Ralph Tortorici is crazy, insane … The issue is not, as it is understandably for Ralph’s Tortorici’s family, whether or not he needs treatment or medical attention, as opposed to punishment. The punishment issue is whether Ralph Tortorici’s mental illness is so pervasive, so profound, so all consuming that it prevented
“The issue is not whether Ralph Tortorici is crazy, insane … The issue is not, as it is understandably for Ralph’s Tortorici’s family, whether or not he needs treatment or medical attention, as opposed to punishment. The punishment issue is whether Ralph Tortorici’s mental illness is so pervasive, so profound, so all consuming that it prevented