US Legal Forms
Voluntary Intoxication (Drug Use)

Voluntary Intoxication (Drug Use)

Name: Voluntary Intoxication (Drug Use)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.79 (345 reviews)

Category:

Federal - Jury Instructions - 5th Circuit - Criminal - Defense and Theory Of Defense

State:

Multi-State

Control #:

US-3RDCIR-8-07-CR

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Voluntary Intoxication (Drug Use) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions Voluntary Intoxication (Drug Use) is the deliberate consumption of drugs or alcohol with the intention of achieving an altered state of consciousness. It can range from recreational use of alcohol or other drugs to a more serious abuse of substances. Types of Voluntary Intoxication (Drug Use) include alcohol abuse, tobacco use, prescription drug abuse, illicit drug use, poly drug use (multiple drugs at the same time) and inhalant abuse. The effects of voluntary intoxication can range from minor impairment of mental or physical functioning to death. There are also serious risks associated with voluntary intoxication, such as addiction, the risk of overdose, and physical and psychological health problems. It is important to remember that voluntary intoxication should always be done in a safe environment with responsible supervision and appropriate medical care.

Voluntary Intoxication (Drug Use) is the deliberate consumption of drugs or alcohol with the intention of achieving an altered state of consciousness. It can range from recreational use of alcohol or other drugs to a more serious abuse of substances. Types of Voluntary Intoxication (Drug Use) include alcohol abuse, tobacco use, prescription drug abuse, illicit drug use, poly drug use (multiple drugs at the same time) and inhalant abuse. The effects of voluntary intoxication can range from minor impairment of mental or physical functioning to death. There are also serious risks associated with voluntary intoxication, such as addiction, the risk of overdose, and physical and psychological health problems. It is important to remember that voluntary intoxication should always be done in a safe environment with responsible supervision and appropriate medical care.

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Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.

Unlike involuntary intoxication, voluntary intoxication is never a defense to a general intent crime. However, voluntary intoxication may be used as a defense to specific intent crimes if, as with involuntary intoxication, it prevents the defendant from forming the criminal intent necessary to commit the crime.

Voluntary intoxication is when the accused person willingly uses intoxicating drugs or alcohol. For that reason, for criminal charges where the prosecution must prove specific intent to commit the crime, intoxication may be a valid defense.

The basic precept of criminal law is that voluntary intoxication does not excuse criminal behavior. The most common rationale for this rule is that an intoxication defense can be easily simulated, thus making prosecutions too difficult.

Voluntary intoxication means that a person voluntarily decided to get intoxicated. For example, if a person goes into a bar and consumes enough alcohol to be intoxicated, that person can be said to be voluntarily intoxicated. When it comes to criminal law, voluntary intoxication can be a defense to a crime.

2. When can involuntary intoxication work as a defense? Under California criminal law, involuntary intoxication is a complete defense to a crime. This means that an accused cannot be found guilty of any crime that he/she committed while involuntarily intoxicated.

Voluntary intoxication is available as a defense only when the crime with which the defendant is charged has as its mens rea element a specific criminal intent.

Voluntary intoxication is, therefore, primarily a mitigating defense; i.e., it prevents conviction for certain crimes but does not entirely exculpate the defendant from criminal liability. Insanity, by contrast, is an exculpating defense.

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Voluntary intoxication is rarely a successful complete defense, but it can reduce culpability. Voluntary intoxication cannot be used as a defense to general intent crimes.It can, however, be used as a defense to a specific intent crime. Voluntary intoxication is when the accused person willingly uses intoxicating drugs or alcohol. The defense of involuntary intoxication is attractive to defendants because it is a complete defense. Knowingly taking a 'dangerous' drug counts as voluntary intoxication. Voluntary intoxication is a mitigating circumstance if the defendant's capacity to appreciate the wrongfulness of his conduct was significantly impaired. Being involuntarily intoxicated – if someone else drugs you and you then commit a crime – is a complete defense to any subsequent criminal charge. (d) Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense. A distinction is made in criminal law between voluntary and involuntary intoxication.

Voluntary Intoxication (Drug Use)

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Which of the following is an excuse defense?

Is voluntary intoxication a justification defense?

What does voluntary intoxication defense mean?

Is intoxication an excuse or justification?

What is an example of voluntary intoxication defense?

Is using involuntary intoxication as a legal defense considered an excuse?

Is voluntary intoxication an acceptable legal defense for criminal behavior?

What is the effect of voluntary intoxication?

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