I took criminal law and procedure in undergrad and law school. I didn’t mind the subject, I found it very interesting, but if I was going to practice in that area, it would be on the prosecution side. Not defense. Because of defenses like this.
A person goes out, gets drunk, plays around with some drugs and then breaks the law. Instead of owning up to their wrongdoing and facing the consequences, they claim insanity. Someone else drugged them while they were out partying it up. Therefore, they shouldn’t be held accountable for their actions.
In our state you can’t claim insanity if you’re voluntarily intoxicated. But apparently coupled with a claim of being drugged it’s okay to use the insanity defense.
I don’t get that. People lie. Especially when faced with 20 years in prison for beating elderly people. And their previous lifestyle was one that seems quite cushy.
Don’t get me wrong, I understand that people do get drugged. But those people are usually victims. Not people who beat an elderly couple and then claim to remember certain parts of the beating and not others, and the parts remembered or forgotten change depending on the day.
I’m writing this based on my thoughts as a lawyer and a family member.
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