[DOWNLOAD] "Virginia Court of Appeals (1) Limits Application of "Settled Insanity" Defense to Instances Where Substance Abuse Leads to a Permanent Or "Fixed" State of Insanity, (2) Places Burden of Proof for Establishing Involuntary Intoxication on the Defendant" by Developments in Mental Health Law ~ Book PDF Kindle ePub Free
eBook details
- Title: Virginia Court of Appeals (1) Limits Application of "Settled Insanity" Defense to Instances Where Substance Abuse Leads to a Permanent Or "Fixed" State of Insanity, (2) Places Burden of Proof for Establishing Involuntary Intoxication on the Defendant
- Author : Developments in Mental Health Law
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 98 KB
Description
Distinguishing between a mental disorder that is the result of a mental illness or mental retardation and a mental disorder that is the result of substance abuse can be very challenging. While the legal system has long recognized that a mental disorder that is the result of a mental illness or mental retardation may be relevant in determining criminal responsibility, it has been reluctant to adopt a similar rule when criminal behavior was the result of intoxication, even though the impact of alcohol or drugs on a defendant's mental state may resemble that resulting from mental illness or mental retardation. The primary rationale for this distinction is that intoxication is a voluntary act, the consequences of which are relatively well-known and predictable, and thus unlike mental illness or mental retardation. As a result, the thinking goes, the criminal defendant should not be able to avoid responsibility for criminal behavior that occurred while the defendant was intoxicated. In Virginia, there are two primary exceptions to this rule: the "settled insanity" defense and involuntary intoxication. The Virginia Court of Appeals addressed both of these exceptions.
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