[Cross-posted at StephanKinsella.com]
Everyone is freaking out about the Lindsay Clancy trial and the hung jury.1 Clancy, who had been having serious mental problems, strangled and killed her three children—Cora, 5, Dawson, 3, and Callan, 8 months—in Duxbury, Massachusetts, on January 24, 2023, and was on trial for first-degree murder. She did not dispute that she killed them. Her defense was lack of criminal responsibility, commonly called an insanity defense. The jury, consisting of 9 women (all white) and 3 men, two white and one black, heard about five weeks of trial and then deliberated for seven days—roughly 38 to 40 hours—and could not reach a verdict. According to later interviews with jurors in the majority, 11 jurors would have voted to acquit on the basis of insanity, while the black male juror, the only non-white member of the panel, would have voted guilty.2 A mistrial was declared on September 4, 2026. Because a hung jury is not an acquittal, prosecutors may retry the case.
The left basically defended Clancy, some on the grounds of postpartum psychosis, but some on ridiculous grounds—e.g., that she didn’t actually commit the murders, or that it was excused because of abuse by her husband or “the Patriarchy.” (She has admitted the killings; her own lawyer has rejected the online theories blaming her ex-husband. See NBC News.) The right, partly in response to these ridiculous left/feminist takes, started blaming women in general for siding with Clancy, saying this shows women should not have the right to vote, and so on. Many on the right and many libertarians celebrated the lone juror who refused to acquit even though, according to interviews with other jurors, he admitted that the prosecution had not proved its case beyond a reasonable doubt. (The holdout himself has not spoken publicly; that account comes from other jurors.) [continue reading…]
- See, e.g., Facebook posts by Rob Wicks; Mark Edge; Mark Edge 2; this tweet. I haven’t followed it and am only using it here, as is my wont, to illustrate and discuss more general libertarian and related principles. [↩]
- See CBS host SHORT-CIRCUITS after finding out CHAD holdout juror in Lindsay Clancy trial is a BLACK man (Youtube); Domestic violence allegations raise questions about holdout juror in Lindsay Clancy trial; Lindsay Clancy trial: Holdout juror’s domestic violence allegations raise questions (Youtube). [↩]




























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