Thursday, September 28, 2023
  • Crime, The Law & Your Rights
No Result
View All Result
Crime Traveller
 
  • Home
  • Research

    Dangerous Behavior: Stalkers Using “Apple Air Tags” to Spy on, Harass, Threaten Lovers And Spouses

    How Your Brainwaves Could Be Used In Criminal Trials

    R. Kelly: Aided By A Network of Complicity Enabling His Crimes

    How Social Media Turns Online Arguments Between Teens Into Real-World Violence

    Kathleen Folbigg’s Children Likely Died Of Natural Causes, Not Murder. Here’s The Evidence My Team Found

    Do criminals freely decide to commit offences? How the courts decide

    Trending Tags

    • Neuroscience
    • Mental Health
    • Criminal Brain
    • Juvenile Crime
  • Psychology
    screaming man covered in paint

    Psychopaths – Born Or Made?

    The Question of Why: Did Ted Bundy have Dissociative Identity Disorder?

    Teenage psychopathy

    What Should We Do With Teenage Psychopaths?

    A Criminal Disorder? Advances in Neurocriminology Are Leading The Way

    Mark Safarik

    An Interview With Former FBI Profiler Mark Safarik on Violent Offending and Criminal Behavioral Analysis

    The Criminal Mind: An Interview With Forensic Psychologist and Author Katherine Ramsland

    Trending Tags

    • Narcissism
    • Psychopathy
    • Profiling
    • Mental Health
    • Psychology
  • Family Violence

    Reckless Speculation about Jeffrey MacDonald

    O. J. Simpson Trial: 26 Years Later

    O. J. Simpson: Murder in the First Degree

    Reasonable Doubt: The Hendricks Family Murders

    Melanie McGuire

    A Convicted Killer, Two Criminologists, and One Podcast: Direct Appeal Investigates ‘Suitcase Killer’ Melanie McGuire Case

    Family Annihilation: The Crimes and Psychology of Familicide

    Trending Tags

    • True Crime

      The Murder of Cecil Wells and the 49th State

      Uneven Ground documentary, the Melissa Witt Story

      Uneven Ground: The Melissa Witt Story, True Crime Documentary Review

      A teddy on the ground with emergency lights in the background

      The Babysitting Murder Of Hannah Wesche: What We Know So Far

      EXCLUSIVE – Errol Flynn: From Theft to Fame and Fortune

      Chandler Halderson and his parents

      Double Murder, Dismemberment, and Lies: The Twisted Web of Chandler Halderson

      Jean Claude Romand: From Fake Doctor to Family Annihilator

      Trending Tags

      • Unsolved
      • Serial Murder
      • Documentaries
      • Guest Posts
    • Book Reviews
      Strangled book review cover

      Strangled: A Courageous Fight Against The Darkest Corners of Humanity

      The Girl I Never Knew - Who Killed Melissa Witt?

      The Girl I Never Knew: Melissa Ann Witt Deserves Justice

      Befriending A Serial Killer: An Interview With Mark Austin

      The Husband Poisoner: Lethal Ladies and Dangerously Tasty Recipes

      Details are Unprintable: Wayne Lonergan and the Sensational Café Society Murder

      Operation Jacknap book cover image

      Operation Jacknap: A True Story of Kidnapping, Extortion, Ransom and Rescue

      Trending Tags

      • Interviews
      • Historical Crime Books
    • Crime Spotlight
      • All
      • Crime, The Law & Your Rights
      car accident on highway

      Is A Car Accident A Criminal Or Civil Case?

      mannequins with your body belongs to you stickers

      How to Prove Sexual Abuse Without Physical Evidence

      Medical Malpractice

      When Does Medical Malpractice Become a Criminal Case?

      Picture: Richard Bell, Upsplash

      Can A Crime Turn Into A Personal Injury Lawsuit?

      Korean Zodiac Killer case

      A Tale of Two Zodiacs

      5 Tell-Tale Signs Of An Abusive Person

    No Result
    View All Result
    Crime Traveller
    • Home
    • Research

      Dangerous Behavior: Stalkers Using “Apple Air Tags” to Spy on, Harass, Threaten Lovers And Spouses

      How Your Brainwaves Could Be Used In Criminal Trials

      R. Kelly: Aided By A Network of Complicity Enabling His Crimes

      How Social Media Turns Online Arguments Between Teens Into Real-World Violence

      Kathleen Folbigg’s Children Likely Died Of Natural Causes, Not Murder. Here’s The Evidence My Team Found

      Do criminals freely decide to commit offences? How the courts decide

      Trending Tags

      • Neuroscience
      • Mental Health
      • Criminal Brain
      • Juvenile Crime
    • Psychology
      screaming man covered in paint

      Psychopaths – Born Or Made?

      The Question of Why: Did Ted Bundy have Dissociative Identity Disorder?

      Teenage psychopathy

      What Should We Do With Teenage Psychopaths?

      A Criminal Disorder? Advances in Neurocriminology Are Leading The Way

      Mark Safarik

      An Interview With Former FBI Profiler Mark Safarik on Violent Offending and Criminal Behavioral Analysis

      The Criminal Mind: An Interview With Forensic Psychologist and Author Katherine Ramsland

      Trending Tags

      • Narcissism
      • Psychopathy
      • Profiling
      • Mental Health
      • Psychology
    • Family Violence

      Reckless Speculation about Jeffrey MacDonald

      O. J. Simpson Trial: 26 Years Later

      O. J. Simpson: Murder in the First Degree

      Reasonable Doubt: The Hendricks Family Murders

      Melanie McGuire

      A Convicted Killer, Two Criminologists, and One Podcast: Direct Appeal Investigates ‘Suitcase Killer’ Melanie McGuire Case

      Family Annihilation: The Crimes and Psychology of Familicide

      Trending Tags

      • True Crime

        The Murder of Cecil Wells and the 49th State

        Uneven Ground documentary, the Melissa Witt Story

        Uneven Ground: The Melissa Witt Story, True Crime Documentary Review

        A teddy on the ground with emergency lights in the background

        The Babysitting Murder Of Hannah Wesche: What We Know So Far

        EXCLUSIVE – Errol Flynn: From Theft to Fame and Fortune

        Chandler Halderson and his parents

        Double Murder, Dismemberment, and Lies: The Twisted Web of Chandler Halderson

        Jean Claude Romand: From Fake Doctor to Family Annihilator

        Trending Tags

        • Unsolved
        • Serial Murder
        • Documentaries
        • Guest Posts
      • Book Reviews
        Strangled book review cover

        Strangled: A Courageous Fight Against The Darkest Corners of Humanity

        The Girl I Never Knew - Who Killed Melissa Witt?

        The Girl I Never Knew: Melissa Ann Witt Deserves Justice

        Befriending A Serial Killer: An Interview With Mark Austin

        The Husband Poisoner: Lethal Ladies and Dangerously Tasty Recipes

        Details are Unprintable: Wayne Lonergan and the Sensational Café Society Murder

        Operation Jacknap book cover image

        Operation Jacknap: A True Story of Kidnapping, Extortion, Ransom and Rescue

        Trending Tags

        • Interviews
        • Historical Crime Books
      • Crime Spotlight
        • All
        • Crime, The Law & Your Rights
        car accident on highway

        Is A Car Accident A Criminal Or Civil Case?

        mannequins with your body belongs to you stickers

        How to Prove Sexual Abuse Without Physical Evidence

        Medical Malpractice

        When Does Medical Malpractice Become a Criminal Case?

        Picture: Richard Bell, Upsplash

        Can A Crime Turn Into A Personal Injury Lawsuit?

        Korean Zodiac Killer case

        A Tale of Two Zodiacs

        5 Tell-Tale Signs Of An Abusive Person

      Crime Traveller
      No Result
      View All Result
      • Home
      • Research
      • Psychology
      • Family Violence
      • True Crime
      • Book Reviews
      • Crime Spotlight

      Prescription For Violence: The Involuntary Intoxication Through Prescribed Medication Defense

      Prescription For Violence: The Involuntary Intoxication Through Prescribed Medication Defense

      Dramatic rises in prescription drugs and powerful side-effects are the underbelly of an increase in criminal defendants claiming they have been involuntarily intoxicated by their prescription medications

      by Fiona Guy
      31 July, 2018 - Updated on 6 August, 2023
      in Crime Research
      Reading Time: 10 mins read
      A A
      Involuntary intoxication by prescribed medications
      Share on FacebookShare on TwitterShare

      If you commit a crime while involuntarily intoxicated through legally prescribed drugs, can you and should you be held criminally responsible for your actions? In relevant cases, these are the questions a defense of involuntary intoxication is posing to a jury during a criminal trial.

      The word ‘intoxication’ suggests firstly, alcohol is involved and secondly, the intoxicated individual generally became that way through their own choice. Legally, the term intoxication includes alcohol, illegal drugs, and what many are not aware of, also medications legally prescribed by a qualified doctor. In most cases of voluntary intoxication and criminal acts, where an individual got themselves blind drunk and got behind the wheel of a car, for example, a defense based on intoxication is thrown out.  Jurors don’t tend to respond well to defendants blaming the fact they were drunk or high at the time of the offense, for why they committed the crime when it was their own decisions that got them into that state.

      Voluntary versus involuntary intoxication can be the sticking point in many criminal cases, especially those involving medications prescribed by a physician. Self-induced intoxication by knowingly taking medication becomes complex when behaviors that follow turn criminal and a defendant blames the effects of that medication for their actions. They may have willingly swallowed the pills the defense says but, they were not aware that doing so could cause side effects to the extent of violence, recklessness, and risk-taking where they had no control over their actions and no full grasp of right or wrong.

      At first glance, the defense of involuntary intoxication by prescribed medication is one that sounds rather far-fetched. A convenient excuse for criminal behavior absolving the individual involved of any blame. The terminology of involuntary intoxication, however, covers more than the obvious scenarios of a drink being spiked or substances being taken accidentally. The taking of prescribed medications at a dose or frequency out with the given medical instructions or in combination with other substances can also qualify. Although, evidence of a lack of understanding or reasonable knowledge that such actions could cause serious behavioral side effects is required for such a defense to have any chance of standing up in court.

      A Violent Home Invasion

      In November 2014 in McLean, Virginia, 32-year-old attorney Andrew Schmuhl invaded his wife’s ex-employers home and held Leo Fisher and Susan Duncan hostage for three hours before stabbing Duncan and cutting Fisher’s throat. Both survived their ordeal but were left traumatized and deeply scarred by the attack.

      The Washington Post reported Schmuhl’s defense team acknowledged it was Schmuhl who carried out the attack but claimed he was involuntarily intoxicated at the time of the assault. They claimed the powerful drugs he was prescribed for an old spinal cord injury led to intoxicated effects to the extent he was not aware of what he was doing at the time.  Schmuhl was taking Fentanyl, a very strong opiate painkiller, in combination with other prescribed pain medications.

      Schmuhl’s wife who also faced trial separately sat outside the couple’s home in a car during the attack. Evidence suggested the pair had planned the assault together after she was fired from her job, buying a Taser and untraceable mobile phones in preparation. Furthermore, although Schmuhl was clearly under the heavy influence of Fentanyl at the time of the attacks, he was still able to clean up the crime scene and remove items that could have linked back to him as the perpetrator.

      true crime stories Pat McGaha

      “I just don’t want this guy and his wife — these two monsters — to ever do this to anyone else again.” – Leo Fisher

      The jury did not believe Schmuhl’s defense and he was found guilty, sentenced to two life sentences plus 98 years behind bars. His wife in a separate trial months later pleaded guilty and accepted a plea deal to keep her sentencing as low as possible.

      In recent years people are being prescribed more and more medications in response to a variety of physical and mental health issues; powerful painkillers for physical ailments, antidepressants for low moods, and antipsychotics to address their mental health. When powerful drugs are prescribed they are of course deemed as safe for ingestion, however, a prescription comes with important instructions on dosage, on common side effects to be aware of, and warnings about how other substances such as further medications or alcohol could interact, causing undesirable and sometimes dangerous adverse effects. Any individual taking medication has the responsibility of reading the enclosed information and adhering to such advice and guidelines.

      The American Psychological Association reported in 2017 that there was a 64% increase in Americans taking antidepressant drugs between 1999 and 2014. In the UK in 2016, almost 65 million items of antidepressant drugs were prescribed, a 108.5% increase in the levels from a decade earlier in 2006. The dramatic increase in prescription drugs has come just as the rates of criminal behavior under the influence of alcohol and/or drugs have also skyrocketed.  The National Council on Alcoholism and Drug Dependence (NCADD) reported that in 2015, 40% of all violent crimes in the United States involved alcohol. The UK Office for National Statistics highlight that between 2013 and 2015, 39% of all homicide offenders were under the influence of alcohol or drugs at the time of the offense. Furthermore, 35% of those were known regular drug users.

      Criminal Case Review

      Seattle psychiatrist Jennifer Piel conducted a criminal case review within the United States of federal and state appellate cases where defendants claimed their criminal actions were carried out due to involuntary intoxication by prescribed medications. Making use of the extensive LexisNexis online academic database and keyword searches, Piel found 219 cases up until December 2012. The graph below illustrates how these cases were spread across decades highlighting the increase in the use of this defense from less than 10 cases leading up to 1970, to a peak of just over 80 cases between 2000 and 2009 alone.

      In her paper “The Defense of Involuntary Intoxication by Prescribed Medications: An Appellate Case Review” published in 2015 in the Journal of American Academy of Psychiatry and the Law, Piel examined the number of cases, how they were spread across time-scale and the kinds of drugs involved in these defenses.

      The highest number of cases Piel found involved a prescribed sedative narcotic such as Valium or Xanax totaling 45 out of the final 98 cases she examined. In 18% of cases, the drugs involved were classed as antidepressants such as Zoloft, Prozac, and Paxil. Antipsychotics featured in the lowest number of cases at only 2, with all others featuring in less than 10 cases for each drug class.

      In early February 2015, 31-year-old Jozetta Byrd violently attacked her two young children at their home in Falcon Heights, Minnesota, choking her 8-year-old daughter until she passed out and attempting to kill her 3-year-old son.  Bryd was arrested and charged with attempted murder and assault. She had no memory of the attacks and was unable to provide any explanation for her behavior. While in jail Bryd was assessed and found fit to stand trial with no evidence of mental illness either before, during, or after she attacked her children.

      The Star Tribune reported Jozetta Bryd had been prescribed the steroid Prednisone after an asthma flare-up and this her lawyers believed was the reason for her sudden violence against her children rendering her incapable of determining right from wrong. Prosecutors dropped all charges against Bryd after four months stating involuntary intoxication due to medication meant they were “unable under the law to hold the defendant criminally responsible.” Although no criminal charges were brought against Jozetta Bryd, her attack on her children brought a child protection investigation and her children were not living with her after her release.

      Medication-Induced Temporary Insanity?

      In many aspects, a defense of involuntary intoxication is very similar to an insanity defense. It is an affirmative defense where the defendant is admitting to carrying out the offense, but claiming they were not in control of their actions or fully knew right from wrong at the time it was carried out. In other words, the prescribed medications they were taking amounted to insanity at the time of the offense. For the insanity defense, the reasoning for such a mental state is mental illness, whereas involuntary intoxication is an induced mental state due to substances being ingested.

      As with the insanity defense, it is a very difficult defense to prove and sell to a jury. Any behaviors or actions seen to have been to cover up their crime, conceal evidence, or highlight an understanding of right and wrong will generally lead to the defense being rejected.

      According to Jennifer Piel, for involuntary intoxication to stand as a defense, it needs to meet any of the following criteria:

      • Intoxication was coerced or forced
      • Intoxication was pathological,
      • Intoxication caused after following the advice of a physician
      • Intoxication was the result of an innocent mistake in not knowing or understanding the possible effects of the medication

      In the case of Jozetta Bryd who had never been prescribed Prednisone before, she had no way of knowing how this drug would affect her once she began taking it which she did on the advice of her physician, therefore her case did meet the criteria required for a successful involuntary intoxication defense to the extent charges against her were dropped before reaching trial.

      Involuntary intoxication by prescribed medications is a rare defense and one that is difficult to prove. It is, however, a defense increasingly seen in criminal courts, no doubt fueled by the sheer volume of individuals regularly taking prescribed medications from their doctors. While most of these defenses fail, just like the insanity defense, there are cases that hold merit where an individual with no history of criminal behavior or violence suddenly commits a shocking crime. Prescribed medications although legal and taken under medical advice are still chemical drugs and once ingested can produce reactions and responses that no one expected.


      References

      1. National Council on Alcoholism and Drug Dependence. Alcohol, Drugs, and Crime. Retrieved from ncadd.org/about-addiction/alcohol-drugs-and-crime
      2. Office For National Statistics. (2016) Compendium: Homicide.
      3. Piel, J. (2015) The Defense of Involuntary Intoxication By Prescribed Medications: An Appellate Case Review. Journal of American Academy of Psychiatry and the Law. 43(3). pp321-328
      4. Smith, L., and Jouvenal, J. (2016) Attorney Sentenced To Life In Revenge Plot Against Law Firm Partner Wife. The Washington Post.
      5. Walsh, P. (2015) Rare Defense Wins Dismissal of Child Assault Case, But Jailed Falcon Heights Mom Lost Home, Job. The Star Tribune.
      6. Winerman, L. (2017) By The Numbers: Antidepressant Use On The Rise. American Psychological Association.


      Cite This Article

      Guy, F. (2018, Aug 03) Prescription For Violence: The Involuntary Intoxication Through Prescribed Medication Defense. Crime Traveller. Retrieved from https://www.crimetraveller.org/2018/08/involuntary-intoxication-prescribed-medication-defense/

      Tags: Criminal BrainMental HealthPsychology
      Share70Tweet21Pin8
      Previous Post

      The Real-Life American Raskolnikov

      Next Post

      California’s Queen of Grudges, Isabella J. Martin

      Related Posts

      Dangerous Behavior: Stalkers Using “Apple Air Tags” to Spy on, Harass, Threaten Lovers And Spouses

      29 May, 2023 - Updated on 25 July, 2023

      There's a dangerous hook with Apple Air Tags. In the wrong hands, these gadgets have been used to stalk, harass, and in some tragic cases...

      Read more

      How Your Brainwaves Could Be Used In Criminal Trials

      22 August, 2022 - Updated on 25 July, 2023

      There is a wealth of evidence showing that mistaken eyewitness identification is a contributing factor in wrongful convictions.

      Read more

      R. Kelly: Aided By A Network of Complicity Enabling His Crimes

      3 October, 2021 - Updated on 25 July, 2023

      Researchers have found patterns revealed in R Kelly's abuse trial to be classic examples of how unethical, even criminal, conduct can persist in organizations for...

      Read more
      Load More
      Next Post

      California’s Queen of Grudges, Isabella J. Martin

      Brain stimulation to reduce violent intent

      Electrical Brain Stimulation Reduces Violent Intent by 50%, Claim Researchers

      New True Crime Podcast Gives A Voice To Crime Investigators

      Leave a Reply

      Your email address will not be published. Required fields are marked *

      I agree to the Terms & Conditions and Privacy Policy.

      Popular

      True Crime & Justice

      A Dead Rose And A Black Widow: The Tragic Death Of Dorothy Jane Scott

      14 October, 2020 - Updated on 1 July, 2023
      Book Reviews

      Out of the Fire and Into the Pan: Sequel to The Blood on my Hands

      23 June, 2019 - Updated on 14 November, 2020
      A Psych For Sore Minds - An Interview with Dr Sohom Das
      Crime Spotlight

      A Psych For Sore Minds: An Interview with Forensic Psychiatrist Dr Sohom Das

      25 November, 2020 - Updated on 19 June, 2022
      Faith Hedgepeth who was murdered in 2012.
      True Crime & Justice

      The Death of Faith Hedgepeth: Getting Away with Murder

      9 September, 2017 - Updated on 25 July, 2023
      No Result
      View All Result

      Follow Crime Traveller

      New Posts

      True Crime & Justice

      The Murder of Cecil Wells and the 49th State

      30 August, 2023 - Updated on 31 August, 2023
      True Crime & Justice

      Uneven Ground: The Melissa Witt Story, True Crime Documentary Review

      17 August, 2023
      True Crime & Justice

      The Babysitting Murder Of Hannah Wesche: What We Know So Far

      2 August, 2023
      True Crime & Justice

      EXCLUSIVE – Errol Flynn: From Theft to Fame and Fortune

      7 July, 2023 - Updated on 27 August, 2023
      Crime, The Law & Your Rights

      Is A Car Accident A Criminal Or Civil Case?

      29 June, 2023 - Updated on 25 July, 2023
      Crime Research

      Dangerous Behavior: Stalkers Using “Apple Air Tags” to Spy on, Harass, Threaten Lovers And Spouses

      29 May, 2023 - Updated on 25 July, 2023
      Load More

      RECENT

      The Murder of Cecil Wells and the 49th State

      30 August, 2023 - Updated on 31 August, 2023

      Uneven Ground: The Melissa Witt Story, True Crime Documentary Review

      17 August, 2023

      The Babysitting Murder Of Hannah Wesche: What We Know So Far

      2 August, 2023

      POPULAR

      Peter Tobin and Glasgow’s Bible John Murders

      40 Best Crime Blogs & Websites

      What You Should Do When You Experience Simple Assault

      Is A Car Accident A Criminal Or Civil Case?

      ☆ Get your true crime book reviewed on Crime Traveller

      Site Links

      • About Crime Traveller
      • Contact Page
      • True Crime & Justice
      • Crime Research
      • Psychology of Murder
      • True Crime Book Reviews & Author Interviews
      No Result
      View All Result
      • Terms
      • Privacy
      • Disclaimers
      • Cookies
      • DMCA
      • Newsletter

      Copyright © 2016 - 2023 Crime Traveller, a website owned and operated by Alythium | All Rights Reserved.

      No Result
      View All Result
      • HOME
      • About
      • Contact
      • True Crime
      • Research
      • Family Crime
      • Psychology
      • Spotlight
      • Book Reviews

      Copyright © 2016 - 2023 Crime Traveller, a website owned and operated by Alythium | All Rights Reserved.

      This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.