Legal Question in Criminal Law in Illinois

Not of sound mind:

A doctor had told me that whenever a person is under the influence of drugs (such as meth) they are not of sound mind. I looked up the legal concept of not of sound mind and here is what I found. (When a person isn't thinking clearly because of their mental health. When a person can not be held responsible for their actions because they are not aware of what they are doing. Example: The man was not charged with arson because he was not of sound mind. The man plead temporary insanity and was acquitted of the charge of murder.) My son was addicted to meth and was buying Sudafed Tablets and the feds got him for buying them and tradeing them for the meth. The only thing my son understood when he was buying the Sudafeds was that was the only way to supply his habit. Can my son use the fact that he was on meth and not of sound mind when he was buying the Sudafeds? Thank you for all your help.


Asked on 6/19/08, 3:39 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Not of sound mind:

Seek the advice of a lawyer because the legal definition of insanity is much stricter than the medical definition. Since drugs were involved, the lack of capacity to appreciate one's criminality has to be based on the INVOLUNTARY taking of the drugs. In other words, the taking of the drugs must be forced upon your son by other parties. It's a very difficult burden to meet. Almost impossible. Good luck.

This answer does not create an attorney-client relationship. Please seek the advice of a lawyer in the county in which you must attend court. This is a general answer to a question asked.

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Answered on 6/20/08, 2:38 pm


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