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, every man is to be presumed to be sane, and to establish a defense on the ground of insanity, the defense must prove that the defendant, due to mental disease, didn't know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong. This is usually proven by testimony from expert witnesses who have conducted psychological examinations of the defendant.
Defendants found not guilty by reason of insanity are not simply released from custody. They are generally committed to mental hospitals where they can be confined for longer than their prison terms would have been.
All jurisdictions require that criminal defendants must be competent to stand trial, meaning that defendants understand the nature of the proceedings against them and are able to assist counsel in their defense. A person who is found to be mentally incompetent to stand trial is usually hospitalized for treatment until such time that the person is competent to stand trial.
Hallucinations or paranoid delusions are common symptoms of schizophrenia that may prevent a person from having criminal intent. A successful criminal defense will require proof that the defendant has been diagnosed as schizophrenic and that the defendant was so delusional at the time of the offense that he lacked the ability to appreciate the wrongfulness of his acts. Such proof will generally require expert testimony based upon testing and diagnosis.
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.
