Vermilion County Courthouse

Legally Speaking

Illinois law recognizes involuntary intoxication as a legal defense and a colorable showing of actual innocence (FN 22). A litany of criminal and civil judicial decisions honor bonafide cases of involuntary intoxication because a defendant who experiences psychological impairment and adverse reaction to a prescribed medication lacks a substantial capacity to appreciate the criminality of his conduct, or to conform his conduct to the law (FN 23). Likewise, many civil cases involving the use of Zoloft recognizes how this particular medication is known to cause violent acts such as suicide, and assaultive behavior-among vulnerable patients (like Kenny) (FN 24).