Whether and how intoxication serves as a defense to criminal liability hinges on several factors. Identify and explain these factors

What will be an ideal response?


First, and most importantly,it is critical to determine whether the intoxication wasvoluntary or involuntary. A person who voluntarily becomes intoxicated will have a considerably harder time having his or her conduct "excused." Another factor is the role that intoxication plays in the commission of a crime. Did it just negate mens rea, or did it so affect the defendant to the extent that he or she "blacked out" and did not even commit a voluntary act? Yet another factor is the type of offense. A strict liability crime requires no mens rea, so an intoxication defense may be impossible. In contrast, specific intent offenses are such that the defendant's intoxication can be rather important.

Criminal Justice

You might also like to view...

From a legal standpoint, "soft" science differs from "hard" science in that the former

a. requires less years of graduate study b. deals with tissue remains rather than skeletal remains c. is not really science at all d. is much closer to the common understanding of the ordinary juror

Criminal Justice

What is the name of the radical Sunni sectarian group that wants to establish a Muslim state in Pakistan?

a. LeT b. Harakat-ul-Ansar c. Khmer Rouge d. Lashkar i Jhangvi

Criminal Justice

When some factor in an employee's work environment causes him to complain orally or more formally, in writing, it is usually referred to as a(n):

a. Grievance b. Informal concern c. Formal inquiry d. Generic complaint

Criminal Justice

Many mala prohibita crimes are strict liability offenses and therefore do not require proof of __________

Fill in the blank(s) with correct word.

Criminal Justice