Off Their Meds Does that Affect Charges & Or Sentencing?

[HiFi]

What is the name of your state (only U.S. law)? CA

Hopefully someone can clear this up for me as I never even thought about it till now. Let's say someone is on Meds for a Polar Disorder. The person then decides to go off the meds and as a result he either 1. Murders a person or 2. Assaults a person. Will he still be charged with the same crime(s) that anyone else would or was the fact that if he only committed the crimes because he wasn't on meds affect the charge and the jury sentencing. It kinds of reminds me of the old line about a kid killing his parents and asking the court for mercy because he's an orphan! I'm guessing here that because he was responsible for stopping the meds, he's not absolved from anything, but I'd just like this verified by someone else, if true.

 

[CdwJava]

Let's say someone is on Meds for a Polar Disorder.

I assume you mean, "bi-polar"?

The person then decides to go off the meds and as a result he either 1. Murders a person or 2. Assaults a person. Will he still be charged with the same crime(s) that anyone else would or was the fact that if he only committed the crimes because he wasn't on meds affect the charge and the jury sentencing.

he will be charged with the same crime. The defense might argue a diminished capacity defense, but if he knowingly chose to go off his meds knowing the possible result of his going off the meds, then he can still be held accountable for his actions. A diminished capacity defense is difficult and requires the defense show that the client was incapable of understanding the consequences of his actions. Cases like this can go either way, depending on the circumstances.

I'm guessing here that because he was responsible for stopping the meds, he's not absolved from anything, but I'd just like this verified by someone else, if true.

True. But, there can be an effective argument made that murder was not a foreseeable outcome of his stopping the meds. It is not likely that he will avoid prosecution for stopping the meds. Being bi-polar or mentally ill does not guarantee that a person is incapable of understanding the consequences of their actions. In general, the case would have to be tried on the merits of that particular case, and there is no bright line rule that I am aware of on this matter.

- Carl

 

[HiFi]

Thanks for the Info

Thanks for your info. I meant Bi-Polar as you correctly deduced. One thing that I'm picking up on this board is basically there are no hard and fast rules or lines about conditions on crimes- i.e., someone stopped using meds on their own accord, and I don't understand why the US Court System doesn't make it so as well as making the crimes and sentencing for most felonies to be the same regardless of the State it occurred in. Maybe I'm in the minority on this but why?

 

[CdwJava]

Thanks for your inof. I meant Bi-Polar as you correctly deduced. One thing that I'm picking up on this board is basically there are no hard and fast rules or lines about conditions on crimes- i.e., someone stopped using meds on their own accord, and I don't understand why the US Court System doesn't make it so as well as making the crimes and sentencing for most felonies to be the same regardless of the State it occurred in. Maybe I'm in the minority on this but why?

No person's situation is a cookie-cutter. All cases need to be evaluated on their own merits, and not every case of someone on medication is the same. there are people that are functional even without medication, and others that are outright homicidal without medication. Being bi-polar is not a guarantee of violent behavior, but there could be a circumstance where a manic episode renders the person legally incapable of understanding the ramifications of their actions.

So, each case needs to be evaluated on its own merits. The system is not about cookie cutters.

- carl

 

[Antigone*]

HiFi seems to use us quite a bit for his homework.

 

[HiFi]

Excuse Me For Asking Questions

Number 1, I only ask questions of things I can't find the answer to online within an hour or so. Do you expect me to spend 20 hours or more and maybe find an answer or not before I post? If you have a better way to find legal answers within a normal period of time online feel free to tell me. While I have a Masters Degree, I can not really understand legalese that is not spelled out in plain English which is why I never applied to Law School. This forum is called Free Advice, remember that. Also note I do have a life.

Number 2. You would think the proper place to find answers to legal questions that I'm curious about would be a legal Forum like this. if you have other legal forums where I can post and get answers, feel free to let me know their website URL's and I'll post on them. No, I know Nambla is not a legal forum. That is a joke.

 

[HomeGuru]

Number 1, I only ask questions of things I can't find the answer to online within an hour or so. Do you expect me to spend 20 hours or more and maybe find an answer or not before I post? If you have a better way to find legal answers within a normal period of time online feel free to tell me. While I have a Masters Degree, I can not really understand legalese that is not spelled out in plain English which is why I never applied to Law School. This forum is called Free Advice, remember that. Also note I do have a life.

Number 2. You would think the proper place to find answers to legal questions that I'm curious about would be a legal Forum like this. if you have other legal forums where I can post and get answers, feel free to let me know their website URL's and I'll post on them. No, I know Nambla is not a legal forum. That is a joke.

**A: very interesting. Now please turn down that HiFi as it is much too noisy.

 

[Silverplum]

Number 1, I only ask questions of things I can't find the answer to online within an hour or so.

What are these questions and answers FOR?

Do you expect me to spend 20 hours or more and maybe find an answer or not before I post?

Do YOU expect hours of free research from the volunteers here?
This is, apparently, for YOU. You are the one with the vested interest in the answers. I'd think you'd care enough to do research.

This forum is called Free Advice, remember that.

It's not called, "HiFi's Research Service and Shoe Repair," either.
Remember that.

Also note I do have a life.

Ha.

Number 2. You would think the proper place to find answers to legal questions that I'm curious about would be a legal Forum like this. if you have other legal forums where I can post and get answers, feel free to let me know their website URL's and I'll post on them. No, I know Nambla is not a legal forum. That is a joke.

Ha. Again.

 

[HomeGuru]

It's not called, "HiFi's Research Service and Shoe Repair," either.



**A: I have a question about shoe repair.

 

[Silverplum]

**A: I have a question about shoe repair.

So sorry, but IAAL doesn't "work" here any more!

 

[HomeGuru]

So sorry, but IAAL doesn't "work" here any more!

**A: oh yeah, you're right. Oh well, off to the neighborhood cobbler I go.

 

[Indiana Filer]

It's not called, "HiFi's Research Service and Shoe Repair," either.



**A: I have a question about shoe repair.

My Uncle John has a shoe repair shop. Want me to find the answer instead of doing my work tomorrow?

 

[HiFi]

OK So What Is the Purpose of this Forum for If Your Not Criminals Then?

OK, I admit I use this forum for information gathering as I have an inquisitive mind and I like to find answers to questions I have so when the topic comes up on the news, media and TV, I can follow it better.

Why then exactly are all you regulars on this board if you don't think I'm right using this for information gathering? I can only conclude by your own words in all seriousness, that you are all criminals or people awaiting jail sentencing or court appearance for your crimes. Sorry, I'm not a criminal or potential criminals like you people based on your own words. I never realized that its a negative to being a law abiding citizen till I read your criticism of me daring to ask legal questions on a Free Advice Legal Forum. The shame.

 

[CdwJava]

The problem is that it can get very frustrating when the scenario changes and the "what if" game continues on. We can "what if" most any situation all day long. It gets very frustrating to offer a response to a situation you THINK it the story only to read in the next post, "Okay, but what if this <XXX> happens ....?"

It is very difficult to reply accurately to the ever changing scenario on a message board. Details can be important, and in your most recent hypothetical, the specific state and the facts of a case may have a very significant impact. Asking "what if" or something so broad as to ask "under what circumstances would <XXX> happen?" is nearly impossible to address.

- Carl

 

[Proserpina]

I never realized that its a negative to being a law abiding citizen till I read your criticism of me daring to ask legal questions on a Free Advice Legal Forum. The shame.

Therein perhaps layeth the difference.

This isn't a Free Legal INFORMATION Forum. It's a Free Legal ADVICE Forum.

I'd guess that the vast majority of posters here can't afford legal aid, or perhaps need answers very quickly - thus the role of the volunteers. Some volunteers are, like Carl, members of law enforcement. Some are lawyers. Others still are laypersons who are learning, have experience in a matter or often both. Others still have professional expertise and experience in a particular field.

The key part is that everyone who volunteers gives their time freely, presumably to those who actually need help. I can understand your quest for knowledge, but there are sources available elsewhere that might not be using up resources genuinely needed by someone in dire straits.

Go hang out at your local law library. Stop by the courthouse and sit in if you wish; you can gain an entire wealth of information doing either or both of these.

Just a thought, you know?