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Question 0

What are the two different types of intoxication?

Answer 0

• voluntary intoxication

- involuntary intoxication

Question 1

What is the difference between voluntary and involuntary intoxication?

Answer 1

Intent to be intoxicated

Question 2

What is voluntary intoxication?

Answer 2

Intoxicating oneself with knowledge of getting impaired through the intake of alcohol or drugs and being physically or mentally impaired

Question 3

Voluntary intoxication is only a defense when what?

Answer 3

If it negates a required element of the crime

Question 4

Voluntary intoxication usually negatives what part of a crime?

Answer 4

The mental element

Question 5

Voluntary intoxication is always a defense to what type of crime?

Answer 5

Specific intent

Question 6

Voluntary intoxication can never be a defense to what kinds of crimes?

Answer 6

Anything with the mental state of malice, recklessness, negligence, or strict liability

Question 7

How can voluntary intoxication be an effective defense to a specific intent crime?

Answer 7

If the defendant was too intoxicated to form the specific intent to commit the crime

Question 8

Why is voluntary intoxication never a defense to a general intent crime?

Answer 8

Because defendant must prove a reasonable and sober person in the same circumstances would’ve made the same mistake of fact

Question 9

How can voluntary intoxication mitigate a 1st degree murder to 2nd degree?

Answer 9

If the defendant was too intoxicated to act in a willful, deliberate, and premeditated manner

Question 10

How can voluntary intoxication reduce depraved heart murder to involuntary manslaughter?

Answer 10

If defendant was too intoxicated to be aware that he created unreasonable risk to others

Question 11

Voluntary intoxication under the MPC is a defense to crimes that have a mental state of what?

Answer 11

Purposely, knowingly, or recklessly

Question 12

Can intoxication ever be a defense to felony murder?

Answer 12

Yes, if it negatives the underlying felony

Question 13

Why is intoxication not a defense to battery?

Answer 13

Battery can be committed recklessly

Question 14

Why can intoxication not be a defense to murder or arson?

Answer 14

Those are both malice crimes

Question 15

What is the MPC stance on intoxication?

Answer 15

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

Question 16

What are the factors to determine whether intoxication applies?

Answer 16

• quantity consumed
• time period
• actor’s conduct as perceived by others

Question 17

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?

Answer 17

Yes, in that case intoxication is no defense

Question 18

How do you raise the defense of intoxication?

Answer 18

Just pleads not guilty, and since this is an affirmative defense, defendant has to put on evidence of his intoxication

Question 19

What is involuntary intoxication?

Answer 19

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

Question 20

Is involuntary intoxication a complete defense?

Answer 20

Yes

Question 21

Why is involuntary intoxication akin to insanity?

Answer 21

There is no moral blame attached to the condition

Question 22

What are the four different kinds of involuntary intoxication?

Answer 22

MIC P
• medically prescribed drug
• innocent mistake intoxication
• coerced intoxication
• pathological intoxication

Question 23

What is coerced intoxication?

Answer 23

Intoxication that is induced by duress or coercion

Question 24

How can coerced intoxication be a complete defense to all criminal liability?

Answer 24

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

Question 25

What is pathological intoxication?

Answer 25

Given the amount of intoxicant, and the defendant didn’t know his susceptibility to it, the intoxication was grossly excessive

Question 26

If you knew that you had a certain reaction to certain alcohol, but you drink it anyway, can you use intoxication as a defense?

Answer 26

No, you had to be unaware of your special susceptibility

Question 27

What is innocent mistake intoxication?

Answer 27

You made a mistake about the character of the substance

Question 28

What is an example of innocent mistake intoxication?

Answer 28

Someone tricked you into drinking alcohol or taking drugs

Question 29

What is medically prescribed drug intoxication?

Answer 29

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

Question 30

What are the important things in order for a medically prescribed drug to be an effective defense?

Answer 30

• 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

Question 31

What is the defense of duress?

Answer 31

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

Question 32

If a defendant is excused from a crime because of duress, what happens to the person that forced him to commit it?

Answer 32

He is guilty of the crime the defendant committed

Question 33

What are the things that don’t count for duress?

Answer 33

• future threats

- non-serious bodily harm/property damage

Question 34

Can a threat for duress be to a family member, friend, or stranger?

Answer 34

Yes

Question 35

Can you be excused of your conduct with a duress defense if you intentionally killed an innocent third person?

Answer 35

No