If you murdered someone while intoxicated beyond recognition...?
Find answers to your legal question.
If you murdered someone while intoxicated beyond recognition...?
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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?
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?
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This is where evidence is worth a million dollars. |
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PG
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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:) |
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rollo_tomassi423
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It might be a defense to murder, if you could show that you lacked the intent to kill, but it wouldn't get you off the hook for a lesser degree of homicide, such as manslaughter. |
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MW-Cop
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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. |
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woonie
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In my country, you might get sent to a mental institution for an examination. |
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David H
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no. you shouldn't have gotten that high or drunk in the first place. |
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Top 99%
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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) |
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a_poor_misguided_soul
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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? |
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Jeff L
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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. |
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akablackbetty
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why do you ask? |
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crossstitchkelly
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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. |
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ecurb25
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In today's liberal courts it is possible to get away with anything. |
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jibbers4204
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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. |
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eggman
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This would be called a "diminished capacity" defense and you would still be charged (probably) with manslaughter 2nd degree, but if the prosecuter didn't believe you he could still charge you with murder and let the jury sort it out. |
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?
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YOU SHOULD STILL BE PUNISHED. DRUGS OR ALCOHOL IS NEVER AN EXCUSE. |
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Okkieneko
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No, I believe this has already been addressed, and people are sitting in prison right now. You bill have to find another way.... |
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russellmcmillen1947
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no |
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Love420
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guilty, like when a drunk driver hits a pedestrian sometimes and they don't realize they even hit anything are they guilty?? of course they are and off to the fudge packing factory you go!! Have fun!! |
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Michelle
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it would probablly be counted as manslaughter, but they might still have charges against them |
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Old Money
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Intoxication is not a defense unless a defendant was unknowingly drugged.
Intent is transferred. You intended to get drunk, got drunk, committed a crime, you are criminally liable for your actions. |
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jjissodamngreat
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Being messed up can never get you off with diminished mental capacity, you think that everyone in prison was sober when they committed a crime |
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gzam415
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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. |
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