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This article argues that involuntary intoxication is not a defence but an evidential basis for a lack of mens rea or automatism. It proposes a six-step procedure to determine whether involuntary intoxication applies and should lead to acquittal for offences requiring proof of fault.
15 de oct. de 2023 · Learn how intoxication can be a defense to criminal charges depending on whether it is voluntary or involuntary and the level of intent required. Find out the burden of proof and the examples of involuntary and voluntary intoxication.
5 de may. de 2015 · The predominant ‘orthodox’ view is that involuntary intoxication should lead to acquittal for offences requiring proof of fault. Strict liability offences are therefore unaffected. This article argues that the law is more complex, requiring a more careful approach.
1 de nov. de 2014 · This chapter examines the legal and philosophical foundations, the historical development, and the consequences of insanity and intoxication as forms of defense to avoid punishment. It also discusses the distinction between common law and continental law, the relation to other defenses, and the mental disorders that can be used for an insanity defense.
A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the ...
Intoxication and legal defences. Quazi Haque & Ian Cumming. Quazi Haque is a specialist registrar in forensic psychiatry and assistant tutor at the Home Office Teaching Unit (Department of Forensic Psychiatry, Institute of Psychiatry, London SE5 8AF, UK; e-mail: q.haque@iop.kcl.ac.uk). He is also a student of law at the University of Northumbria.
23 de ene. de 2015 · Abstract. The courts have struggled for centuries with how to apply the principles of fairness and justice to people who commit crimes under the influence of alcohol or drugs. When a harmful act is committed under involuntary intoxication, the insanity standard has been used to determine culpability.
