Defenses

Question 1

Voluntary intoxication (sec. 29.4)

Answer 1

1. Available if relevant to formation of specific intent
2. Available when charged with murder on issue of P & D or Express malice; not a visible on implied malice– implied malice is seen as a judgment not specific intent per case law (like choosing to be intox; assumption of risk)

Question 2

Getting to 2nd degree?

Answer 2

Strategies:
1. No premeditation
2. Voluntary intoxication only if it negates Express malice or p&d
3. Mental impairment (sec. 28) only if it negates premeditation at the time of the offense; not just general evidence of mental impairment

Question 3

Getting to voluntary or involuntary manslaughter

Answer 3

1. Imperfect self defense
2. heat of passion