6.9 Intoxication-Diminished Capacity

• Category: Federal - Jury Instructions - 9th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-9THCIR-6-9-CR
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 6.9 Intoxication-Diminished Capacity is a legal defense that is used to reduce the severity of a charge due to an accused's mental impairment caused by alcohol or drugs. This defense is based on the idea that the accused was too impaired to form the necessary mental state for the crime at the time of the offense. There are three types of 6.9 Intoxication-Diminished Capacity: (1) voluntary intoxication, (2) involuntary intoxication, and (3) medical intoxication. Voluntary intoxication occurs when an accused knowingly and voluntarily consumes alcohol or drugs and later commits a crime; involuntary intoxication occurs when an accused unknowingly consumes alcohol or drugs and later commits a crime; medical intoxication occurs when an accused takes legitimate medication, prescribed or not, and later commits a crime.

6.9 Intoxication-Diminished Capacity is a legal defense that is used to reduce the severity of a charge due to an accused's mental impairment caused by alcohol or drugs. This defense is based on the idea that the accused was too impaired to form the necessary mental state for the crime at the time of the offense. There are three types of 6.9 Intoxication-Diminished Capacity: (1) voluntary intoxication, (2) involuntary intoxication, and (3) medical intoxication. Voluntary intoxication occurs when an accused knowingly and voluntarily consumes alcohol or drugs and later commits a crime; involuntary intoxication occurs when an accused unknowingly consumes alcohol or drugs and later commits a crime; medical intoxication occurs when an accused takes legitimate medication, prescribed or not, and later commits a crime.