While there are some differences according to jurisdiction, in general, if the defense is allowed by the judge to go to the jury.
The term illness of the mind is solely a legal notion. In the case of Bratty v. Attorney-General (Northern Ireland) (1963), Lord Denning declared that the foremost mental illnesses, which the doctors identify as psychoses, like schizophrenia, are plainly illnesses of the mind. Whether or not drug-associated psychosis will be considered to qualify as an illness of the mind will essentially depends on the division amid a fault of cause resulting from an underlying condition and a fault of cause caused by something external.
Reaction
There is justifiable societal concern about the links between violence and illicit substance use. Such concern finds a focal point at the debate around the boundaries for the insanity defense where drug-associated psychoses are involved. This article outlined three potential approaches that the law could adopt in relation to the issue. Each has clearly distinguishable implications for who would qualify for the defense and hence for public policy. It also looked at whether or not there is a correlation between psychiatric drug use and accountability of those of who commit crimes.
This article was very informative about...
There are a number of different approaches that are currently being used, all which affect the defendants in a different way. The one thing that I think was missing from this article was a better delineation about how the laws affect the practitioners and if these approaches make any difference in the way that treatment plans are designed and what drugs are being prescribed.
Applicability
It is very important for those who are practicing in the field of psychiatry to understand how the law applies to those who have been diagnosed with psychoses. It is important to know how these individuals are classified within the current legal system so that practitioners know how it is that their clients are going to be judged in regards to accountability if they become involved in the legal system and are using psychiatric drugs.
How these clients are looked at within the legal system when they are using prescribed drugs is very important for those who are prescribing these drugs on a daily basis. It appears that there needs to be further research in order for practitioners to fully understand how it is what they do everyday affects the criminal justice system and the clients that may end up there.
