[tecomsin]

I'm trying to work through some issues that came up in my last psychosis. I can't talk to anyone about it all because some of the matters are still before the courts and, given the glacial pace so far, could be for awhile. Suffice it to say I acted out of character and I did some things against the law, and I did some bizarre things too, and I did more than what I've been charged with, but I can't be absolutely sure of that because my memories could be false. I could have been hallucinating and didn't realize it. I don't feel it is safe to talk about those things with anyone including my pdoc because I could be putting myself into further legal jeopardy.

I wonder how many people really believe there is a legitimate 'not guilty' by reason of . a mental defect, or 'not criminally responsible' plea. If this is the finding is that person really not guilty?

Do you have to be floridly insane so that anyone can see something is wrong?

I think not... What often happens in psychosis is that it can be compartmentalized so you won't see the delusions unless you are dealing with certain topics. Such a person can become dangerous because they are capable of organizing and committing acts and also have paranoid beliefs. I believed there were people out to spy on me and some were trying to harm me. It was a well developed and elaborated belief system. I truly believed it at times... I would fall in and out of believing the delusions.

I single out paranoid because i believe it is the type most associated with violent acts. For instance if you believe people are out to kill you, then it is more likely you will break the law to avoid that outcome. Now that I know how deeply paranoid I can get, when the police start showing up at my house regularly... that was a trigger for me to get more and more suspicious so it became a viscous circle.

Now I just take my antipsychotics every day and I don't have those thoughts.

I am probably not criminally responsible but that plea may end up with much more time incarcerated than any other option.

There is room in the justice system here for 'diminished responsibility'. It comes in the form of sentencing for various offenses and also what the prosecutors end up seeing as a good outcome for the situation. This isn't always the maximum penalty possible.

[Victoria'smom]

I don't know the answer. Is there a mental health/drug court in your area that you can petition to go to?

[Carmina]

Originally Posted by tecomsin

There is room in the justice system here for 'diminished responsibility'.

There should be in a just legal system, but my understanding is this plea is only usually accepted in the case of murder trials (and even then as we can see it is abused).

[Skeezyks]

I'm sorry I don't know anything about this. But I just wanted to wish you well...

[Deejay14]

The insanity defense is only successful less than 1% of the time it is used by lawyers.

[Wild Coyote]

I was seriously assaulted in broad daylight, in a city park, with no provocation. There were many witnesses and I'd suffered whiplash and a traumatic brain injury. (I feel I have not been the same since.)

The assailant had a 30 year history of paranoia/psychosis and got off any/all charges based upon mental health status. (I was never asked if I was in agreement with the findings; yet, I know the person was psychotic at the time of the assault because of the utterances made during the assault. If I was asked, I would have agreed.)

The assailant was treated, stabilized and released.

This defense may depend upon individual state laws.

I wish you the best.

WC

[RedDawn]

Originally Posted by Carmina

There should be in a just legal system, but my understanding is this plea is only usually accepted in the case of murder trials (and even then as we can see it is abused).

This is absolutely not true in my state, where you can plead guilty except for insanity on many charges.

You do open yourself up to the possibility of spending more time in the state hospital and under strict supervision afterwards than you might in prison/jail though if you go with a plea deal.

[tecomsin]

Thanks for all the responses and well wishes. I truly never imagined i'd be in this situation and I've never had any problem with the law before.

All I know is that my lawyer is in discussions with the Crown about how the matter will be disposed of. There could be some kind of diversion... i"m still hoping the charges will be stayed or dropped.

I just wanted to know if people really believed that a verdict 'not guilty by reason of insanity' is really not guilty.

My own conscience is a part of this too. I'm trying to figure out whether I feel guilty for what I've done. I didn't hurt a person but I was doing dangerous things and could have.

I believe the statistic of 1% is for the US only. I'm in Canada.

I think there's a lot of skepticism about this not guilty verdict.

Do you believe the people who get these pleas agreed to by the courts are really not guilty of the crimes? That's the issue I'm trying to focus on.

WC, I'm very sorry to hear of your assault and the traumatic brain injury. How do you feel about the assailant getting off without a punishment?

[Wild Coyote]

In my case, I had some insight in to the assailant's status, which also allowed me to feel some compassion. I have a background in psych. I'd made sure the assailant was arrested by following the person through 3 crowded city blocks. I'd wanted there a formal psych eval and, at least, treatment... or the person would stay where further harm could not be done to the general public. (This person took out 3 police officers while they were trying to arrest.)

My background in psych gave me insight and understanding I might otherwise not have had at the time. As I had gotten to know more of the background story, it was clear the local mental health system had failed this person in a major way and this person had became increasingly psychotic while on the streets 24/7. There were records of this person seeking help, repeatedly, and getting nowhere. It was a disaster waiting to happen.

I do not believe this person was at fault at the time of the assault due to psychosis. I feel strongly that community mental health services failed this person and the community.

A very unfortunate incident for both of us.


WC

[Wild Coyote]

You are the only person who truly knows if you knew what you were doing or not. (You don't have to answer to this at all, by the way.)

If you did not understand/know ... then why feel guilty?
I'd probably feel guilty no matter what, too. Yet, when you think about it, if you were truly psychotic, what choice did you have?

Before you write too much, I want to let you know that in the U.S., participation in forums online are considered "discoverable" evidence. One can be asked, under oath, for his/her screen names, forum names, etc. I just thought you'd like to know this.

It says a lot for you, in that you've been examining your conscience.
I am thrilled nobody was hurt. I hope this can be simply a loud and clear warning for you.

No harm, no foul.


WC

[tecomsin]

Thank you for that head's up WC.

[tecomsin]

One thing I discovered is that the personal freedoms one might take for granted become ever more precious when they are not there anymore. Of course it doesn't do my paranoia any good to think one day maybe something I write as an anonymous person would be taken completely out of context and used in a court to convict me. Most people would call that a paranoid thought in the absence of any other information.

[Wild Coyote]

This has to be quite a burden.
Court-related matters usually are a source of angst/anxiety.
Thinking of you.

WC