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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.
Intoxication in English law is a circumstance which may alter the capacity of a defendant to form mens rea, where a charge is one of specific intent, or may entirely negate mens rea where the intoxication is involuntary.
Alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, [9] and known in overdose as alcohol poisoning, [1] is the behavior and physical effects caused by recent consumption of alcohol.
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.
A college football player arrested for drunk driving despite no signs of intoxication can make his case to a jury that the officer violated his rights, a federal judge has ruled.
Voluntary (and often involuntary) intoxication cannot cause legal automatism. In many jurisdictions, there is a distinction made between "sane automatism" and "insane automatism". Where the involuntariness is caused by a mental illness, or "disease of the mind", as per the M'Naghten rules , it will be regarded as "insane automatism" and will ...
(The Center Square) - San Francisco County Supervisor Matt Dorsey, a Democrat and former addict, is calling for “mass arrests, detox, and treatment” of open-air, often homeless drug users in ...
In the State of Texas, intoxication manslaughter is a distinctly defined offense. A person commits intoxication manslaughter if he, or she, operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride while intoxicated and, by reason of that intoxication, causes the ...