Full question:
I LIVE IN THE STATE OF WASHINGTON. MY SON IS IN JAIL AND THE COURT WANTS TO SEND HIM TO PRISON FOR OPENING CARS. ON MAY 5TH 2008 DEPUTY'S FOUND A STOLEN GUN UNDER HIS BED MATTRESS. MY QUESTION IS: WHY DOES MY SON HAVE TO GO TO PRISON IF HE IS DIAGNOSED WITH SCHIZOPHRENIA AND HE HAS BEEN IN AND OUT OF THE HOSPITAL? I EVEN WENT TO GET HELP WHEN HE DID NOT TAKE HIS MEDICINE. THEY SAID THERE IS NOTHING I CAN DO BECAUSE HE IS 27 YEARS OLD. I CALLED THE POLICE AND SAID THAT HE WAS ARGUING WITH HUSBAND AND OTHER THINGS . THE POLICE TOOK HIM TO JAIL AND TO THE MENTAL HOSPITAL AND HE HIS BACK IN HIS MEDICINE. NOW, THE JUDGE SAID THAT HE KNEW WHAT HE WAS DOING. I AM ONE OF 12 KIDS AND SCHIZOPHRENIA RUNS IN THE FAMILY, 2 OF MY BROTHERS AND 1 SISTER WITH MENTAL ILLNESS. WHY DOES MY SON HAS TO GO TO PRISON?
- Category: Mental Health
- Date:
- State: Washington
Answer:
In Washington, individuals are presumed sane unless proven otherwise. To argue insanity, the defense must show that the defendant, due to a mental illness, did not understand the nature of their actions or did not know they were wrong. This typically requires expert testimony from mental health professionals who have evaluated the defendant.
If a defendant is found not guilty by reason of insanity, they are usually not released but instead committed to mental health facilities, which can result in longer confinement than a prison sentence. Additionally, defendants must be competent to stand trial, meaning they need to understand the legal process and assist in their defense. If deemed incompetent, they may be hospitalized until they can stand trial.
In cases of schizophrenia, symptoms like hallucinations or delusions may impact a person's ability to form criminal intent. A successful defense would need to demonstrate that the defendant was diagnosed with schizophrenia and was experiencing delusions at the time of the crime, preventing them from understanding the wrongfulness of their actions. Expert testimony is essential for this proof.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.