Involuntary Intoxication Flashcards

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1
Q

Involuntary Intoxication

A

four circumstances:
1. coerced intoxication
2. intoxication by innocent mistake
3. unexpected intoxication from prescribed medicine
4. pathological intoxication

most jurisdictions see as excuse

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2
Q

coerced intoxication

A

physically forces consumption

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3
Q

intoxication by innocent mistake

A

x fraudulently induced d to consume intoxicant, telling d it is an inert substance

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4
Q

unexpected intoxication from prescribed medicine

A

actor does not know, or have reason to know, the medicine is likely to have intoxicating effect

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5
Q

pathological intoxication

A

temporary psychotic reaction, often manifested by violence, triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition

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6
Q

why most jurisdictions treat this as excuse defense?

A

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

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