The ruling by the highest court in France, that the brutal killer of an older woman, because he identified her as Jewish, may not be tried and held accountable by reason of impairment of his judgment by chronic use of pot, is both wrong-headed and dangerous. The court found that French law does not allow a person to be held criminally responsible if, at the time of the crime , he was suffering from a neuropsychic disturbance that deprived him of control over his actions. The court relied on the fact that the law, as written, does not distinguish between a condition occurring naturally or one that is voluntary, as in the present case where the perpetrator’s voluntary use of drugs induced a delirious state. If the court is correct the law must be changed.
The law in the United States varies from state to state. In most jurisdictions voluntary intoxication, by drug or alcohol use, is not a complete defense to criminal prosecution. It may result in a reduced charge which doesn’t require specific intent, such as a charge of manslaughter instead of premeditated murder. Allowing a killer to avoid responsibility entirely, if he chooses to get “high” before engaging in murderous acts, is a recipe for disaster. You can’t confine him once he is sober so he walks away without punishment or constraint on future acts of violence.Yes, fifty million Frenchmen can be wrong.
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