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Pleading Insanity from Psychosis (self.legaladvice)

Pleadinsanity1 が 投稿

I have substance use disorder with methamphetamine. My lawyer says pleading insanity because I was under the influence of crystal meth will not hold up in court. However, at the time of the robbery, I was not under the influence of meth. I had been up for 4 days, and on that last day, I was seeing bugs and having auditory hallucinations, but I had not taken another shot of meth. I want to plead insanity on the fact that I was under a drug induced psychosis but the drug was not in my system.

Edit: my methamphetamine use has brought of symptoms of paranoid schizophrenia. I have a family history of schizophrenia

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[–]oregon_guy 29 ポイント30 ポイント  (12子コメント)

When you voluntarily take illegal drugs, you can't use their effect on you as a defense. Listen to your lawyer.

[–]pythonpoole 7 ポイント8 ポイント  (5子コメント)

In general, it's not usually a good idea to plead insanity. It's usually not a successful defense, and even in cases where the defense is successful, it does not mean that you are simply let free with no consequences.

In many cases the defendant ends up being institutionalized in a high security psychiatric care facility for an indeterminate period of time while they are constantly monitored and evaluated. In many cases the facility may be worse off than jail because of how strictly the facility is controlled, the lack of any stimulation or change in the environment, and having to live with people who are very disturbed and mentally ill, etc.

[–]Pleadinsanity1[S] -3 ポイント-2 ポイント  (4子コメント)

I understand your point, but I'd rather be with crazy people than be ass rape in jail. Especially that I'm a tweaker.

[–]pythonpoole 8 ポイント9 ポイント  (3子コメント)

Well, I think you might change you mind if you were actually committed to a psychiatric care facility, but in any case—as others have pointed out—you can't even use the insanity defense in this case since you voluntarily took the drug knowing it would cause an altered state of mind. Similarly, you cannot use "I was drunk" as a legal defense for crimes for the same reason, in order to be drunk you first had to consciously make the decision to consume a drug that would knowingly impair your judgement.

[–]cleveraccountname13 8 ポイント9 ポイント  (0子コメント)

Your lawyer knows what he is talking about. You do not. Have fun in jail!

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Original Post:

Author: /u/Pleadinsanity1

Pleading Insanity from Psychosis

I have substance use disorder with methamphetamine. My lawyer says pleading insanity because I was under the influence of crystal meth will not hold up in court. However, at the time of the robbery, I was not under the influence of meth. I had been up for 4 days and that last day I was seeing bugs an having auditory hallucinations, but I had not taken another shot of meth. I want to plead insanity on the fact that I was under a drug induced psychosis but the drug was not in my system.

[–]iammosteph 0 ポイント1 ポイント  (0子コメント)

IANAL....(You should listen to yours...)

If you knew the drugs brought out these symptoms and made them worse based on your family's history then I don't feel like you have much of a chance.

Even if you weren't on drugs at the time this is all tied to a past of you taking meth despite the danger of it combined with your mental problems. Good luck with your defense.

I think you would be wiser to put the time you are researching ducking responsibility for your actions towards finding a good treatment program and getting off the meth. Next time you could injure or kill someone when you are trying to get your fix.

You are responsible. Person up and seek help.

[–]lawnerdcanada 0 ポイント1 ポイント  (0子コメント)

IANAL.

It is impossible for us to say whether your lawyer's interpretation of the law is correct because you have not provided your location. That said, I have no reason to think that your lawyer is not aware of and understands the relevant law in your jurisdiction.

[–]cbjaycee 0 ポイント1 ポイント  (0子コメント)

Let me see if I have this straight

You've used meth so much you've received brain damage which caused the family genetics of mental illness to surface. Is this a medical diagnosis or a self diagnosis?

Because of this, you were up for four days straight and robbed someone. You didn't choose to rob someone because you wanted money or something they had, it was because of the brain damage?

You were caught and you asked your lawyer who had a legal duty to represent you to the best of his ability, if you could plead insanity. He said no.

You decided to turn to Reddit to prove your lawyer (who again, has a legal responsibility to represent you to the best of his ability), wrong.

Reddit told you no. So you argued with Reddit.

Just because you want something to happen, doesn't mean it will. Maybe you won't get ass raped in jail. Maybe you'll get clean and get the correct meds so you won't be self medicating any more, if you really do have a mental illness.

INAL but I would say listen to your lawyer and deal with the consequences of your actions. Also do what you can to get clean. Your life doesn't get better on meth.