Legal Issues In Blumberg's Trial
How does the insanity defense work?
The insanity defense has proven to be highly controversial due to its use. Though it is rarely used and difficult to prove, it can result in complete acquittal in some jurisdictions. Four states do not recognize this insanity defense: Montana, Utah, Kansas, and Idaho (University of Minnesota Libraries).
It is important to note that legal and medical definitions of insanity differ from one another, since legal insanity is much more difficult to prove. This condition must be shown to have “severe” effects on the actions of the defendant (Schouten, 2012).
A defendant claiming insanity must satisfy two claims:
- The defendant did not have control over their conduct
- The defendant did not have the capability of criminal intent
Under what circumstances can insanity be claimed?
Though this is a relatively broad list, there are four variations on the insanity defense for different circumstances. These are summarized as the following, according to the United States Department of Justice Archives:
- M’Naghten Insanity Defense: the defendant had a mental disease or defect and did not know that the nature of the criminal act was wrong
- Irresistible Impulse Insanity Defense: the defendant had a mental disease or defect and did not know that the nature of the criminal act was wrong OR could not control their conduct
- Substantial Capacity Insanity Defense: the defendant had a mental disease or defect and lacked substantial capacity to appreciate the criminality of their conduct or conform to the law
- Durham Insanity Defense: the defendant had a mental disease or defect and committed a criminal act as a result (only recognized in New Hampshire)
How frequently is the insanity defense used in court?
Though the insanity defense is often shown in movies or TV shows, it has been reported to be used in less than 1% in criminal court cases. Though difficult to obtain recent statistics, the success rate has typically around 26% of those times it is used (Schmalleger, 2001).
Are there specific book theft laws?
While there are no laws specifically dedicated to book theft, Blumberg was charged with four separate felonies involving theft and transportation of stolen goods. In his first trial, Blumberg was charged with:
- Conspiracy to commit violations of T18:2314
- Conspiracy to commit violations of T18:2315
- Transportation of stolen property valued at $5,000 or more
- Possession of stolen property valued at $5,000 or more which had crossed a state boundary
What is T18:2314?
The conspiracy to Violate T18:2314 was the first felony that Blumberg was charged with. T18:2314 is Title 18 Code 2314, and it covers the interstate transportation of stolen items valued at $5,000 or more and the punishment for violators of this law. Under this code, it is unlawful for persons to transport, transmit, or transfer in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud with knowingly unlawful or fraudulent intent. Whoever violates this code can be fined or imprisoned for up to ten years. When the FBI initially arrested Blumberg, they found books from different libraries all over the country in his possession. Not only had he already committed a violation of T18:2314, but Blumberg had plans to steal more rare books, and that was what earned him the charge of Conspiracy to Violate T18:2314.
What is T18:371?
Blumberg was additionally charged with possession of stolen property valued at $5,000 or more which had crossed a state boundary. This charge is anchored in a violation of T18:371. This details punishmentsif two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. Since many libraries are publicly funded organizations, by unlawfully possessing rare books and transporting them across state lines Blumberg was actively defrauding the United States. The punishments associated with this violating code are fines or imprisonment of up to five years.