12. Intoxication: Mitigating? Aggravating?

Question 1

General intent or MPC recklessness/negligence –

Answer 1

intoxication is not exculpatory

Question 2

Specific intent or MPC purpose/knowledge –

Answer 2

intoxication can be exculpatory if you can’t find the mental state requirement (may negate the mens rea)

o Virginia – not a defense in most specific intent crimes
o Ohio – whether D capable of forming such an intent while intoxicated
o California – consider state of intoxications

Question 3

Director of Public Prosecutions v. Majewski

Answer 3

• M took lots of speed, later also took tranquilizers. Went out. Drank. Got in a bar fight. Punched landlord and customer. Tried to cut landlord with glass and did cut him on his arm. He didn’t remember anything.
• Voluntary intoxication – enough to establish mens rea for general intent crime
• Recklessness established by self-induced intoxication for assault (general intent)

Question 4

Regina v Lipman

Answer 4

was on drugs and hallucinating, thought he was wrestling with serpents, actually stuffing bedclothes down her throat, didn’t have the purpose or knowledge for murder, was convicted of manslaughter (recklessness, cannot take intoxication into account)