Defenses Negating Capacity: Intoxication and Infancy Flashcards
What are the two types of intoxication?
- voluntary intoxication;
2. involuntary intoxication
What is “voluntary intoxication”?
“voluntary intoxication” is when intoxication the result of INTENTIONAL taking WITHOUT DURESS of a substance KNOWN to be intoxicating
When may evidence of “voluntary intoxication” be permitted?
- crime requires purpose (intent) or knowledge; AND
- intoxication prevented D from achieving mental state
EFFECT –> voluntary intoxication MAY be a good defense to SPECIFIC INTENT crimes, but not to malice, general intent, or strict liability crimes
What is the rule with regards to “voluntary intoxication” and crimes that require recklessness?
A person who would have been aware of the risk had he not been intoxicated acts recklessly with regards to the risk
With regards to “voluntary intoxication” what is the rule if D purposely becomes intoxicated in order to establish the defense?
Then it is not available
What is “involuntary intoxication”?
Intoxication is involuntary if substance is taken:
- WITHOUT knowledge of its nature;
- Under direct duress imposed by another, or
- pursuant to MEDICAL ADVICE while not aware of its intoxicating effect
What is the effect of “involuntary intoxication”?
Its treated as mental illness
EFFECT –> D is entitled to acquittal if he meets state’s insanity test
What are the two approaches to the defense of “Infancy”?
- common law
2. Modern approach
What are the common law rules with regards to the defense of infancy?
Child under 7 –> no liability
Child btwn 7 and 14 –> REBUTTABLE PRESUMPTION that child was unable to understand wrongfulness of his acts
Child aged 14+ –> treated as adults
What is the modern approach with regards to the defense of infancy?
Usually provide that no child can be convicted of a crime until a stated age (often 13 or 14)
HOWEVER –> children can be found delinquent in juvenile or family courts
