and you honestly didnt remeber a bit of it due to the drug or other substance... you took a lie detector test and passed..... would you have to plea insanity or what.. could you get away with this?
2006-07-24 05:49:43 · 24 answers · asked by midi_junkie 3 in Politics & Government ➔ Law & Ethics
This is where evidence is worth a million dollars.
2006-07-24 06:12:01 · answer #1 · answered by ? 5 · 0⤊ 1⤋
Some reasonably good answers, here, such as the lesser charge and the insanity plea. Almost ALL things are possible in a legal system dependant on people's interpretations of the law.
Will a person "get away with it?" Not very likely. If a person got himself so intoxicated, the law will probably still hold him responsible. That is why drunk drivers will still be convicted of the harm they do while in a drunken state. They put themselves in that state so they are responsible.
A reasonable judge and jury will, at least, try to consider extenuating circumstances. An example might be if the person were unkowingly drugged. In such a case, the person might be found innocent since he had NO responsibility for his state of mind. That is why the insanity plea often works.
2006-07-24 13:01:56 · answer #2 · answered by Vince M 7 · 0⤊ 0⤋
Being drunk or drugged of your own volition (meaning you weren't forced to take the drugs or alcohol) is generally not a valid defense to a criminal charge.
Furthermore, lie detector tests aren't a valid test as far as the courts are concerned, regardless of their outcome.
An insanity plea probably has nothing to do with this charge. Furthermore, saying "I don't remember" is a great way of making it impossible to refute the prosecution's statements showing a defendant's guilt.
Bottom line: If the prosecution has any good physical evidence or witnesses, the answer is no, you cannot get away with this.
2006-07-24 14:03:55 · answer #3 · answered by MW-Cop 1 · 0⤊ 0⤋
NO i think u would be accountable for killing someone if u did any drug and was in a car or had a knife. U took the drug and so that makes u responible for your actions under the influence. I am not sure of the laws to know what they could maybe give u as a defense but i dont think u will get away with it.
2006-07-24 12:59:47 · answer #4 · answered by jibbers4204 6 · 0⤊ 0⤋
no regardless of what drug you took. it's still manslaughter. 7-25 years in jail or more depends on what the judge throws are you. its the same thing as DWI driving while intoxicated. you shouldn't have been taking drugs or other substances its already breaking the law. So its not an excuse to go killing. If someone drug you unwillingly then its a different story. but you have to be able to proof it. and they will investigate but you will still be held until they find out. if you were drugged unwillingly prey that they find proof that backs your story or else its the same they will find you guilty.
2006-07-24 13:10:01 · answer #5 · answered by Jeff L 4 · 0⤊ 0⤋
It would not be premeditated ( sp? ) so not considered 1st degree murder, but murder none the less. For manslaughter, or a temporary insanity plea, as I understand them, it has to be a heat of the moment thing such as catching your wife cheating and going nuts with rage, or you're in a fist fight and you knock the guy to the ground, he hits his head, and dies from the injury. The wife thing is temporary insanity and the fist fight would be manslughter. HOWEVER, if you're to doped up to remeber your actions, you may not get a needle in your arms for your deeds, but it is still considered murder, either 2nd or 3rd degree depending in the laws where you live.
2006-07-24 12:57:26 · answer #6 · answered by gzam415 2 · 0⤊ 0⤋
In Indiana, murder takes the intent to commit the act, or to participate in a felony which resulted in a murder. If you are completely unable to form the intent, you cannot be convicted of murder, but there are still manslaughter, reckless homicide, and several other lesser included offenses. The standard for determining whether you had the intent is whether you realized what you were doing, and the consequences of your actions. You would have had to be completely out of your mind drunk, most likely, and juries and judges are not likely to be sympathetic to that type of defense.
2006-07-24 13:03:26 · answer #7 · answered by cross-stitch kelly 7 · 0⤊ 0⤋
This depends on the evidence.
If there is evidence and you passed a lie detector test you will still be held accountable.
If there id no evidence and you pass the lie detector test then you are free:)
2006-07-24 12:51:28 · answer #8 · answered by PG 4 · 0⤊ 0⤋
First of all, substance abuse is no defense justifying murder. It has always been my understanding that the results of lie detector tests by themselves cannot indict or acquit the accused.
I don't see being blind drunk, or whatever, being a mitigating circumstance.
2006-07-24 12:59:55 · answer #9 · answered by ElOsoBravo 6 · 0⤊ 0⤋
No. If you voluntarily took the substance, you are responsible for everything you do thereafter. The more intersting question is what happens if you involuntarily take some substance (i.e. taking what you think is aspirin, but is actually PCP, causing you to go psychotic and kill someone)
2006-07-24 20:53:25 · answer #10 · answered by Top 99% 3 · 0⤊ 0⤋
Being drunk on legal alcohol is not an excuse for the law. That's why they suggest drinking responsibly. If you are high on an illegal drug, then you broke the law by taking it, possessing it, buying it, so why should your actions be forgiven while under the influence of it?
2006-07-24 12:53:03 · answer #11 · answered by a_poor_misguided_soul 5 · 0⤊ 0⤋