Intoxication Flashcards Preview

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Flashcards in Intoxication Deck (12):
1

disturbance of mental or physical capacities resulting from introduction of any substance into body.

Intoxication

2

___________ intoxication occurs when actor is culpable for becoming intoxicated.

Voluntary

3

Although voluntary intoxication is no excuse, person not guilty of a _______ intent offense if, as result of voluntary intoxication, he lacked the capacity or otherwise failed to form specific intent required.

specific

4

Voluntary intoxication does not exculpate for _______ intent offenses.

general

5

A defendant will be unsuccessful in arguing that due to voluntary intoxication (as opposed to mental illness) he failed to comprehend right from wrong or the nature of his conduct. Even if such mental state would result in acquittal on insanity grounds (if from mental illness), no acquittal if mental state due to _________ intoxication.

voluntary

6

Long-term use of drugs/alcohol can result in a substance induced mental disorder that remains even when actor is not under the influence.

Fixed Insanity

7

Generally, the common law recognizes the claim that because of long-term use of intoxicants, defendant was insane at time of crime. Applicable defense is insanity, not intoxication & have to meet M’Naghten test.

Fixed Insanity

8

Actor coerced to ingest intoxicant.

Involuntary Intoxication

9

Actor ingests intoxicant by innocent mistake.

Involuntary Intoxication

10

Actor becomes unexpectedly intoxicated from prescribed medication. He has no reason to suspect medication is likely to have intoxicating effect. He does not purposely take more than prescribed.

Involuntary Intoxication

11

intoxication grossly excessive in degree, given amount of intoxicant, to which actor does not know he is susceptible.

Pathological intoxication

12

Actor who is __________ intoxicated entitled to acquittal in all circumstances in which voluntary intoxication is a defense. (Specific & General intent offenses).

involuntarily