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In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication.Where a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions.
While White's defense team did argue successfully for a ruling of diminished capacity, resulting in a verdict of voluntary manslaughter rather than murder, an urban legend that the defense had blamed White's actions on the ingestion of sugar and junk food (the so-called "Twinkie defense") sprang up out of inaccurate media coverage.
The government then has a right to have the court order a psychiatric or psychological examination. If the defendant does not submit to the examination, the court may exclude any expert evidence from the defendant on the issue of the defendant’s mental disease, mental defect, or any other mental condition.
Intoxication can serve as such a defense, with the law distinguishing between how voluntary and involuntary intoxication can serve as defenses. Other excuses include duress and insanity . Infancy is a defense where the defendant is a minor and too young to form criminal intent.
The defense argued Jeremy Cruz was too drunk to form the intent to murder his wife. The jury rejected that argument. Jury rejects intoxication defense and convicts Lacey man of murder in wife's ...
Strictly speaking, however, it could be argued that intoxication is not a defense, but a denial of mens rea; [10] the main difference being that a defense accepts the mens rea and actus reus of an offence are present. With intoxication, there is no acceptance of the mens rea of the offence. For offences of basic intent, the act itself is ...
The defense argued Reitz had a history of mental problems and was capable of being violent while asleep, but the jury didn’t buy it. Weinfurtner’s family reportedly noticed bruises on her body ...
Definition: when the defense is available, what facts will support a finding of insanity, and Burden of proof : whether the defendant has the duty of proving insanity or the prosecutor has the duty of disproving insanity, and by what standard of proof .