Involuntary Intoxication Flashcards
Involuntary Intoxication
four circumstances:
1. coerced intoxication
2. intoxication by innocent mistake
3. unexpected intoxication from prescribed medicine
4. pathological intoxication
most jurisdictions see as excuse
coerced intoxication
physically forces consumption
intoxication by innocent mistake
x fraudulently induced d to consume intoxicant, telling d it is an inert substance
unexpected intoxication from prescribed medicine
actor does not know, or have reason to know, the medicine is likely to have intoxicating effect
pathological intoxication
temporary psychotic reaction, often manifested by violence, triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition
why most jurisdictions treat this as excuse defense?
b/c of the intoxication, the actor lacked the volition (ability to choose) or cognition (ability to understand) necessary to be deserving of condemnation/stigmatization