When a young man unloaded a handgun upon U.S. Rep. Gabrielle Giffords and 19 other individuals in Phoenix, it was clear to witnesses that the suspect – who was later identified as Jared Loughner – was imbalanced. Supporting evidence has since mounted.

The Minneapolis Star-Tribune writes:

The disturbing photograph of Jared Loughner that has been released after his arrest, as well as the writings and statements attributed to him, seem to point to a man with a mental illness.

These facts might save Loughner’s life, according to Dallas criminal defense attorney Barry Sorrels.

Sorrels recently told Fox4 News’ Steve Eagar that while it would be hard to avoid a conviction with an insanity defense, that strategy would probably help Loughner avoid the death penalty in the sentencing phase of the criminal trial.

“There’s no other defense that can be of any value to saving this young man’s life, so that he doesn’t receive the death penalty,” Sorrels said to Eagar.  

Sorrels’ opinion reflects the changing legal landscape around the insanity plea.

According to CBSnews.com: Public outrage over the jury's verdict in (Ronald Reagan’s attempted assassin John) Hinckley's trial – not guilty by reason of insanity – prompted Congress to make it much more difficult to establish that claim in federal criminal trials.

Arizona also has modified the insanity defense so that a defendant in a state trial no longer can be found not guilty by reason of insanity. Instead, the jury can deliver a verdict of guilty but insane, said Pima County Attorney Barbara LaWall.

Sorrells said that the facts will determine whether the prosecution will settle for anything less than Loughner’s execution.

“Right now, both sides are doing as much as they can to find out about the facts of this case and this defendant as possible,” Sorrels told Eagar.