“Wet” and Wild: PCP and Criminal Responsibility

Abstract

In this clinical article, the author examines the effects of the widely abused drug phencyclidine (PCP, “wet”) in relation to claims of intoxication, diminished capacity or insanity in criminal cases. It is widely accepted that voluntary intoxication is not a defense to a crime, although some states permit such evidence in determining mens rea. Involuntary or pathological intoxication is a permissible defense. A third scenario, persistent or “settled” insanity due to drug effect, is a defense in some jurisdictions. The author notes the prevalence of violent crimes committed under the influence of PCP or in persons with PCP-induced psychosis. The paper presents several cases from the author's practice in which PCP intoxication and/or psychosis was raised as an issue at trial. There is a discussion of how persistent PCP psychosis is different from intoxication and why it might be used in the service of an insanity defense.