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Voluntary intoxication and criminal responsibility

✍ Scribed by Douglas B. Marlowe; Jennifer B. Lambert; Robert G. Thompson

Book ID: 101281087
Publisher: John Wiley and Sons
Year: 1999
Tongue: English
Weight: 206 KB
Volume: 17
Category: Article
ISSN: 0735-3936
DOI: 10.1002/(sici)1099-0798(199904/06)17:2<195::aid-bsl339>3.0.co;2-p

No coin nor oath required. For personal study only.

✦ Synopsis

This paper reviews the law related to voluntary intoxication and criminal responsibility in the 50 United States, the District of Columbia, the US Virgin islands, and Puerto Rico. Statutory and case law citations are provided which govern the use of intoxication evidence in each jurisdiction to negate mens rea (i.e., to establish diminished capacity), to support an insanity defense, and to mitigate criminal sentencing. Factors that courts typically focus on when deciding whether to admit this evidence in a particular case are discussed, and these factors are related to clinically relevant criteria.

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