Intoxication Defense
General intent crimes do not require an intent to break the law, just an unlawful act ("actus reus") and an intent to act in such a fashion. Specific intent crimes, however, require a certain mental state ("mens rea") to break the law. One such offense, for example, is residential burglary. Residential burglary requires not only an unlawful entry into an inhabited dwelling, but the specific intent to commit some felony therein. When it comes to intoxication defenses in criminal law, even "voluntary intoxication" (the knowing and voluntary consumption of alcohol or drugs) is a defense to a "specific intent" crime, whereas only "involuntary intoxication" ("My drink was spiked!") is a defense to a general intent crime. As for punishment, intoxication may be a mitigating factor that decreases a prison or jail sentence.
Read more about Intoxication Defense: Discussion, Voluntary and Involuntary Consumption, Offenses of Basic and Of Specific Intent
Famous quotes containing the words intoxication and/or defense:
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