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6.09 VOLUNTARY INTOXICATION

Category:
Federal - Jury Instructions - 7th Circuit - Criminal
State:
Multi-State
Control #:
US-JURY-7THCIR-6-9-CR
Format:
Word
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

6.09 Voluntary Intoxication is the intentional ingestion of a substance (alcohol or drugs) that results in intoxication or impairment of the individual’s mental or physical faculties. It is a form of self-harming behavior and can lead to a variety of negative consequences, including accidents, violence, and death. There are two types of voluntary intoxication: acute intoxication and chronic intoxication. Acute intoxication occurs when an individual takes a large amount of a substance in a short period of time and experiences an immediate, intense effect. Chronic intoxication occurs when an individual continuously takes a smaller amount of a substance over a longer period of time and experiences a gradual, less intense effect. In either case, the individual's judgment and decision-making abilities are impaired, which can lead to dangerous situations and potential harm.

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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.

More info

A defense based on voluntary intoxication is available only for specific intent crimes. This doctrine is expressed in the oftrepeated maxim that "voluntary intoxication is no excuse for crime." A killing may be accidental. Voluntary intoxication is rarely a successful complete defense, but it can reduce culpability. But evidence of the defendant's intoxication may be considered whenever it is relevant to negative an element of the crime charged. While intoxicated the individual commits a crime. It is not a complete defense. Voluntary intoxication does not excuse a crime but its excessiveness may produce such a mental condition as to render the intoxicated person incapable of.

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