Mens Rea and Intoxication

Question 1

What is the defense of voluntary intoxication?

Answer 1

The defense of voluntary intoxication is really a “failure-of-proof” claim. The defendant lacked the mental state required in the definition of the offense due to their intoxication.

Question 2

Define general intent as it applies to voluntary intoxication:

Answer 2

Requires mens rea to perform a prohibited act. Voluntary intoxication does NOT negate the required mens rea for crimes of general intent.

Question 3

What are common general intent crimes?

Answer 3

Second degree murder; assault; arson; rape

Question 4

Define specific intent as it applies to voluntary intoxication.

Answer 4

Mens rea to perform a prohibited act with premeditation or a plan to do something else or a further act.
Voluntary intoxication DOES negate the required mens rea for crimes of specific intent.

Question 5

What are common specific intent crimes?

Answer 5

First degree murder; burglary; larceny; attempt.

Question 6

How does the defense of voluntary intoxication effect statutory Illinois law?

Answer 6

Illinois - Much like the common law- allows a defense of voluntary intoxication with respect to specific intent crimes only. A voluntarily intoxicated person is criminally responsible for his conduct unless his intoxication is SO EXTREME as to suspend the power of reason and render him incapable of forming a specific intent.

Question 7

How much of a defense is voluntary intoxication?

Answer 7

In most cases, voluntary intoxication acts only as a partial exculpatory defense, reducing an offense requiring intent or premeditation to an offense of a lesser degree.
So it can simply make a specific intent crime a general intent crime.

Question 8

How does the MPC treat the defense of voluntary intoxication?

Answer 8

The MPC does not distinguish between general intent and specific intent crimes. A person is NOT GUILTY of an offense if -as the result of voluntary intoxication - he lacked the required mens rea for the offense.

Question 9

What is the MPC’s recklessness exception?

Answer 9

As to recklessness, voluntary intoxication cannot negate conscious disregard of a risk.
If the defendant is voluntary intoxicated and -due to his intoxication - he is unaware of a risk which he would have been aware had he been sober, he is still reckless.

Question 10

How many jursidictions have adapted the MPC’s use of voluntary intoxication?

Answer 10

Almost none. Most jurisdictions use the common law approach as a partial defense rather than a complete defense.