Chicago, IL asked in Civil Rights, Criminal Law and Public Benefits for Wisconsin

Q: Can statements from someone with schizophrenia be used in a DA case?

Can a detective interview someone who has schizophrenia and suffers from a delusional disorder, using what she says to make a case for the DA's office, especially if her mental condition has been confirmed and she receives SSI for it? She was read her rights but was off the deep end, believing she was someone else.

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James L. Arrasmith
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A: The admissibility of statements from someone with schizophrenia in a district attorney's case depends on several factors, including whether the person was capable of understanding their Miranda rights and the nature of the police questioning. Courts often consider if the individual could knowingly and voluntarily waive their rights at the time of questioning, which may be questionable if they were experiencing severe delusions or believed they were someone else.

While receiving SSI for a documented mental condition doesn't automatically disqualify someone's statements, it raises significant concerns about their competency during the interview. Defense attorneys often challenge such evidence through motions to suppress, arguing the person's mental state prevented them from providing reliable information or truly understanding their rights. Judges evaluate these situations case-by-case, weighing the person's mental state against law enforcement's interview methods and awareness of the condition.

You should consult with a criminal defense attorney immediately if facing this situation, as they can evaluate the specific details and potentially file motions to exclude these statements. Mental health experts might also be called to testify about how schizophrenia and delusions could have affected the person's ability to provide accurate information or comprehend the consequences of speaking with law enforcement. Remember that having a documented mental health condition provides important context that could significantly impact how courts view the admissibility of such statements.

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