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Flashcards in Page 40 Deck (36):

What is the difference between voluntary and involuntary intoxication?

Intent to be intoxicated


What are The two different types of intoxication?

- Voluntary intoxication
- involuntary intoxication


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 negatives 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° murder to 2nd°?

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 defendants were too intoxicated to be aware they 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 intense to do a crime, but drinks to build up the courage, and get 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


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?



Why is involuntary intoxication akin to insanity?

There is no more a blame attached to the condition


What are the four different kinds of involuntary intoxication?

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


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


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 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


The defendant is excused from a crime because of the rest, 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 or non-serious bodily harm or property damage


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



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