Page 40 Flashcards
What are the two different types of intoxication?
- voluntary intoxication
- involuntary intoxication
What is the difference between voluntary and involuntary intoxication?
Intent to be intoxicated
What is voluntary intoxication?
Intoxicating oneself with knowledge of getting impaired through the intake of alcohol or drugs and being physically or mentally impaired
Voluntary intoxication is only a defense when what?
If it negates a required element of the crime
Voluntary intoxication usually negatives what part of a crime?
The mental element
Voluntary intoxication is always a defense to what type of crime?
Specific intent
Voluntary intoxication can never be a defense to what kinds of crimes?
Anything with the mental state of malice, recklessness, negligence, or strict liability
How can voluntary intoxication be an effective defense to a specific intent crime?
If the defendant was too intoxicated to form the specific intent to commit the crime
Why is voluntary intoxication never a defense to a general intent crime?
Because defendant must prove a reasonable and sober person in the same circumstances would’ve made the same mistake of fact
How can voluntary intoxication mitigate a 1st degree murder to 2nd degree?
If the defendant was too intoxicated to act in a willful, deliberate, and premeditated manner
How can voluntary intoxication reduce depraved heart murder to involuntary manslaughter?
If defendant was too intoxicated to be aware that he created unreasonable risk to others
Voluntary intoxication under the MPC is a defense to crimes that have a mental state of what?
Purposely, knowingly, or recklessly
Can intoxication ever be a defense to felony murder?
Yes, if it negatives the underlying felony
Why is intoxication not a defense to battery?
Battery can be committed recklessly
Why can intoxication not be a defense to murder or arson?
Those are both malice crimes
What is the MPC stance on intoxication?
Everyone in our culture should know the effects of excessive drinking on a person’s ability to gauge risks so if you decide to drink, that is the equivalent of purposely taking those risks
What are the factors to determine whether intoxication applies?
- quantity consumed
- time period
- actor’s conduct as perceived by others
If someone already forms the intent to do a crime, but drinks to build up the courage, and gets so drunk he doesn’t have the mental state, is he still guilty?
Yes, in that case intoxication is no defense
How do you raise the defense of intoxication?
Just pleads not guilty, and since this is an affirmative defense, defendant has to put on evidence of his intoxication
What is involuntary intoxication?
Intoxication that results from an innocent mistake and puts the defendant in a state of mind where he doesn’t know the nature and quality of his acts, so can’t form the mental intent for a crime
Is involuntary intoxication a complete defense?
Yes
Why is involuntary intoxication akin to insanity?
There is no moral blame attached to the condition
What are the four different kinds of involuntary intoxication?
MIC P • medically prescribed drug • innocent mistake intoxication • coerced intoxication • pathological intoxication
What is coerced intoxication?
Intoxication that is induced by duress or coercion
How can coerced intoxication be a complete defense to all criminal liability?
If defendant was compelled to imbibe against his will, and his reason was destroyed so he couldn’t understand or appreciate the consequences of his act
What is pathological intoxication?
Given the amount of intoxicant, and the defendant didn’t know his susceptibility to it, the intoxication was grossly excessive
If you knew that you had a certain reaction to certain alcohol, but you drink it anyway, can you use intoxication as a defense?
No, you had to be unaware of your special susceptibility
What is innocent mistake intoxication?
You made a mistake about the character of the substance
What is an example of innocent mistake intoxication?
Someone tricked you into drinking alcohol or taking drugs
What is medically prescribed drug intoxication?
If you take a medically prescribed drug according to medical advice, and without your knowledge of its potential he intoxicating effects, it causes temporary insanity
What are the important things in order for a medically prescribed drug to be an effective defense?
- can’t have known the likely intoxicating effects
- drug had to be the cause in fact of the intoxication
- must cause temporary insanity at time of the criminal offense
What is the defense of duress?
A person’s unlawful threat/conduct that causes:
- defendant to reasonably believe/fear he must engage in conduct that violates the law in order to avoid harm
- and defendant engages in that conduct
If a defendant is excused from a crime because of duress, what happens to the person that forced him to commit it?
He is guilty of the crime the defendant committed
What are the things that don’t count for duress?
- future threats
- non-serious bodily harm/property damage
Can a threat for duress be to a family member, friend, or stranger?
Yes
Can you be excused of your conduct with a duress defense if you intentionally killed an innocent third person?
No
