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Pages in category "Supreme Court of Ohio cases" The following 3 pages are in this category, out of 3 total. ... State; M. Miller v. Korns This page was ...
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.
Courts of Ohio include: State courts of Ohio The Thomas J. Moyer Ohio Judicial Center in Columbus, headquarters of the Supreme Court of Ohio. Supreme Court of Ohio [1] Ohio District Courts of Appeal (12 districts) [2] Ohio Court of Claims [3] Ohio Courts of Common Pleas [4] Ohio Municipal Courts [4] Ohio County Courts [4] Ohio Mayor's Courts
The Ohio Court of Claims is a court of limited, statewide jurisdiction. The court's jurisdiction extends to matters in which the State of Ohio is a party and the state has waived its sovereign immunity by statute, and also hears appeals from decisions made by the Ohio Attorney General on claims allowed under the Victims of Crime Act.
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 ...
Settled insanity is defined as a permanent or "settled" condition caused by long-term substance abuse and differs from the temporary state of intoxication.In some United States jurisdictions, "settled insanity" can be used as a basis for an insanity defense, even though voluntary intoxication cannot, if the "settled insanity" negates one of the required elements of the crime such as malice ...
Martin v. Ohio, 480 U.S. 228 (1987), is a criminal case in which the United States Supreme Court held that the presumption of innocence requiring prosecution to prove each element of a crime beyond a reasonable doubt only applies to elements of the offense, and does not extend to the defense of justification, whereby states could legislate a burden on the defense to prove justification.
Depending on jurisdiction, circumstances and crime, intoxication may be a defense, a mitigating factor or an aggravating factor. However, most jurisdictions differentiate between voluntary intoxication and involuntary intoxication. [24] In some cases, intoxication (usually involuntary intoxication) may be covered by the insanity defense. [25]