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veggie

Registered: 07/25/04
Posts: 17,504
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[NE] Bill would end insanity defense in cases involving drugs or alcohol
#14165490 - 03/22/11 04:13 PM (12 years, 10 months ago) |
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Bill would end insanity defense in cases involving drugs or alcohol March 22, 2011 - rapidcityjournal.com
When Lincoln police found Shane Tilley in his apartment that day in 2006, he was naked, incoherent and bleeding from self-inflicted wounds on his chest and neck.
Earlier that day, he had taken 32 Coricidin cold pills, smoked marijuana and drank alcohol before stabbing his friend 24 times.
Tilley later was committed to the Lincoln Regional Center after being found not responsible by reason of insanity because “he was unable to” distinguish right from wrong when he stabbed Andy Lubben to death.
Doctors originally said it was likely the large amount of Coricidin caused Tilley’s psychosis. But Dr. Klaus Hartmann said during a 2009 competency hearing that it appeared Tilley had a schizoaffective disorder diagnosis.
If Lincoln Sen. Colby Coash gets his way, such a defense never again will be allowed in criminal cases in Nebraska.
Lawmakers gave 40-2, first-round approval to his bill, LB100, on March 15 that would eliminate the criminal defense of “not responsible by reason of insanity” in situations in which a defendant was voluntarily intoxicated or high when a crime was committed.
“If you make a conscious choice to drink or get high, you should be held responsible for your behavior,” Coash said before the vote. “History has shown that neither jurors nor the public at large accept the idea that someone should be legally excused for criminal acts due to claiming temporary ‘mental illness’ after voluntarily ingesting drugs or alcohol. It is time to remove the possibility of this defense for good.”
In addition to prohibiting the use of voluntary intoxication as a basis for an insanity defense, voluntary intoxication would be unavailable as a defense to negate the mental state element to a criminal charge such as intent or premeditation.
“What that means is that they are saying they are too high or drunk to form such things as premeditation or intent to commit the crime,” Coash said. “We have seen this used in murder cases in Omaha, Chadron, South Sioux City and other locations across the state with some success.
“Common law tells us that intoxication caused by voluntary drug and alcohol abuse is not a mental illness,” he said. “Even if it were a mental illness, it could be cured simply by stopping the use of the intoxicating substance.”
Omaha Sen. Brenda Council opposed the measure.
“My concern is that we are enacting bad law based upon a bad circumstance, and the circumstance is what occurred in the Tilley case,” she said “And while there’s no question that Mr. Tilley committed a heinous crime while under the influence of a substance that he ingested voluntarily, to say that we need this bill and to take away a right available to other individuals, I think, is problematic. Mr. Tilley is the exception.”
She pointed to the 2009 case of, Melecio Camacho-De Jesus, who was, found guilty of first-degree murder in the, slaying of 3-year-old Evelyn Verdugo Paniagua in her family’s South Sioux City home.
The jury in that case rejected an insanity defense that said he was not responsible for the murder because he had used marijuana and cocaine and had, several beers before the killing.
“That’s what juries are entitled to do,” Council said.
At least 34 states have enacted similar legislation, including Colorado, Montana, North Dakota, Oklahoma, Wyoming and South Dakota.
The bill, which faces two more rounds of consideration, is part of Nebraska Attorney General Jon Bruning’s 2011 legislative package.
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pwnasaurus
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Registered: 07/16/08
Posts: 12,317
Loc: Canada
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: veggie]
#14165531 - 03/22/11 04:22 PM (12 years, 10 months ago) |
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I'm not sure how I feel about this - in a lot of cases, 'insanity' due to voluntary consumption of drugs should not be allowed, but what about the case where someone takes a drug for the first time, and has a very weird/adverse reaction to it?
In general, it's hard to say whether or not someone was truly 'insane' due to the drugs they consumed, or whether they are just using it as a defense to not go to jail; at the same time, however, this WILL lead to a few 'innocent' people going to jail.
Interesting.
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5-HT2A
Registered: 01/30/10 
Posts: 1,794
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: pwnasaurus]
#14165594 - 03/22/11 04:33 PM (12 years, 10 months ago) |
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Quote:
Even if it were a mental illness, it could be cured simply by stopping the use of the intoxicating substance.
Gee wish I'd thought of that. Just stop. Nothing bad happens when you stop.
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Spiderbaby
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: veggie]
#14165598 - 03/22/11 04:34 PM (12 years, 10 months ago) |
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i think if someone commits a serious crime on or off drugs they should still be fucked by the long dick of the law
while intoxication may be the reason why someone commits some serious crime it is certainly not an excuse
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demon66
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: 5-HT2A]
#14165628 - 03/22/11 04:38 PM (12 years, 10 months ago) |
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A lot of people choose to continue using alcohol and other drugs when they know it makes them violent, upset, erratic. That is not cool.
I've witnessed some individuals that turn to the bottle when they are looking to get in fights
Edited by demon66 (03/22/11 04:39 PM)
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smaerd


Registered: 03/11/08
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: demon66]
#14165862 - 03/22/11 05:17 PM (12 years, 10 months ago) |
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demon66 said: I've witnessed some individuals that turn to the bottle when they are looking to get in fights
I know several people like this.
I feel drug users need to take responsibility of their actions. If someone smokes PCP and eats someones liver or something, they shouldn't get less time than someone who didn't smoke pcp and eats someones liver. The person who smokes pcp may be more likely then a sober person but that's the choices that the person makes. in my opinion of course.
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amilibertine
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Registered: 06/10/09
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: 5-HT2A]
#14166190 - 03/22/11 06:04 PM (12 years, 10 months ago) |
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Quote:
5-HT2A said:
Quote:
Even if it were a mental illness, it could be cured simply by stopping the use of the intoxicating substance.
Gee wish I'd thought of that. Just stop. Nothing bad happens when you stop.
I was thinking the same thing, on top of that I've seen people who really do end up permanently insane because of drug use.
Jurors should be the one's deciding this shit, a law is just not needed. There are a thousand what if's. One that pops up in my mind being: what if someone bought some weed and it was laced with PCP? Is he to blame for his actions when he ingested a drug unknowingly? It all stems back to the fact that drugs shouldn't be illegal, criminal cases should be decided on a case by case basis if you ask me.
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Shroomerette
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: smaerd]
#14166246 - 03/22/11 06:13 PM (12 years, 10 months ago) |
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Quote:
smaerd said:
Quote:
demon66 said: I've witnessed some individuals that turn to the bottle when they are looking to get in fights
I know several people like this.
I feel drug users need to take responsibility of their actions. If someone smokes PCP and eats someones liver or something, they shouldn't get less time than someone who didn't smoke pcp and eats someones liver. The person who smokes pcp may be more likely then a sober person but that's the choices that the person makes. in my opinion of course.
That's my opinion too. I don't really like the insanity defense at all to be honest, whether the person is intoxicated or not.
-------------------- Leaving the shroomery forever
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destructo_low
Oh yeah!




Registered: 10/07/08
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: pwnasaurus]
#14166447 - 03/22/11 06:49 PM (12 years, 10 months ago) |
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Quote:
pwnasaurus said: I'm not sure how I feel about this - in a lot of cases, 'insanity' due to voluntary consumption of drugs should not be allowed, but what about the case where someone takes a drug for the first time, and has a very weird/adverse reaction to it?
I think if it is a doctor prescribed anti-depressant, ect... and the person gets psychosis from ingesting it, the insanity defense should be valid. For recreational drugs, the insanity defense should be null. They don't need a law though. The jury should decide on a case by case basis.
-------------------- There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.
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Hellboy
Sex,Drugs,Rap&Alcohol


Registered: 06/22/09
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Re: [NE] Bill would end insanity defense in cases involving drugs or alcohol [Re: destructo_low]
#14167403 - 03/22/11 10:46 PM (12 years, 10 months ago) |
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I thought this was already a law?
I remember when that Big Lurch trial was going on, his lawyer tried to enter an insanity plea, but it was thrown out because he knowingly ingested a mind altering substance that is known to cause violent out burst. I've read about a couple different causes from different parts of the country (and world) that have the same outcomes.
-------------------- "You might see me one day on Mush, the fuck out...Shroomsvile baby. Don't wanna see nothing but colors and stars and shit..." - "Sick of you always calling asking 'where have I been?', I'm at the same place bitch, getting high with my friends." "I'm holding my gut when the rush hits, it's subtle at first--the worst is done This ain't nothing, until my blood is pumping, shit hits like percussion And the club suddenly changes into something it wasn't..."
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