6.09 VOLUNTARY INTOXICATION
About this form
The Voluntary Intoxication form is an official jury instruction template that advises on the legal implications of a defendant's intoxication during the commission of a crime. This form allows jurors to consider whether a defendant's voluntary intoxication with specific substances may impact their ability to form the intent necessary for certain crimes. It clarifies that intoxication is not a defense for general intent crimes, but it may be relevant for specific intent offenses.
Main sections of this form
- Defendant's intoxication: Evidence presented about the specific intoxicant(s) used.
- Intent element: Instructions regarding the intent required for the specific crime charged.
- Judicial comments: Notes clarifying the limits of intoxication as a defense.
- Application: Directions on how the form applies to various counts in multi-count indictments.
When to use this form
This form should be used in judicial proceedings where there is evidence that the defendant was voluntarily intoxicated during the commission of a crime. It is applicable in cases where the defense may argue that the defendant lacked the specific intent necessary for certain charges due to their level of intoxication. This could include serious offenses such as murder, fraud, or similar crimes with specific intent elements.
Intended users of this form
- Judges presiding over criminal trials
- Attorneys representing defendants in criminal cases
- Legal professionals seeking to understand jury instructions regarding voluntary intoxication
- Defendants in criminal cases where intoxication is a relevant factor
How to prepare this document
- Review the evidence: Assess the intoxicant(s) involved and their impact on the defendant's state of mind.
- Determine intent: Identify the specific intent required for the crime charged.
- Complete necessary sections: Fill in the applicable details for the counts in the indictment.
- Consult legal precedent: Review relevant case law to support your arguments regarding intoxication and intent.
- Present to the court: Submit the completed jury instruction for consideration during the trial.
Is notarization required?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to provide sufficient evidence of intoxication levels.
- Ignoring the distinction between general and specific intent crimes.
- Not clearly indicating which counts the intoxication defense applies to in multi-count cases.
- Assuming that any level of intoxication is a valid defense without adequate legal justification.
Benefits of completing this form online
- Convenience: Easily accessible for immediate use in legal proceedings.
- Editability: Customizable templates that can be tailored to specific cases.
- Reliability: Drafted by licensed attorneys to ensure legal compliance.
- Secure storage: Downloaded forms can be safely stored for future reference.
Legal use & context
- This form is recognized across jurisdictions for establishing jury instructions regarding voluntary intoxication.
- It is essential that defendants provide credible evidence of intoxication to successfully argue this defense.
- Jury instructions are crucial in helping jurors understand the implications of intoxication on intent.
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FAQ
Voluntary Intoxication This defense is only valid for specific intent crimes. Voluntary intoxication is never a defense for general intent crimes. For specific intent crimes, voluntary intoxication can prevent the defendant from achieving the requisite intent to commit the crime.
Voluntary intoxication means that a person voluntarily decided to get intoxicated. For example, if a person goes into a bar and consumes enough alcohol to be intoxicated, that person can be said to be voluntarily intoxicated. When it comes to criminal law, voluntary intoxication can be a defense to a crime.
Voluntary intoxication is the willing ingestion or injection of any drink, drug, or other intoxicating substance that the defendant knows can produce an intoxicating effect.
Voluntary intoxication is recognized as a defense to all statutory crimes. In American courts, a mistake of fact can be a defense only to negate the defendant's specific intent. The concept of a defendant being allowed to plead the statute of limitations as a defense is derived from the common law.
Voluntary intoxication cannot be used as a defense to general intent crimes. It can, however, be used as a defense to a specific intent crime. For example, burglary generally requires breaking and entering into a dwelling with the intent to commit a crime therein.
The basic precept of criminal law is that voluntary intoxication does not excuse criminal behavior. The most common rationale for this rule is that an intoxication defense can be easily simulated, thus making prosecutions too difficult.
Voluntary intoxication is, therefore, primarily a mitigating defense; i.e., it prevents conviction for certain crimes but does not entirely exculpate the defendant from criminal liability. Insanity, by contrast, is an exculpating defense.
