Intoxication Defense - Voluntary and Involuntary Consumption

Voluntary and Involuntary Consumption

There is a certain raw sense in this distinction. As an example, in the so-called Dutch courage defense the accused hates his spouse but fears to take action. The accused therefore buys a bottle of the best brandy and a sharp knife. In the morning, the bottle is empty and the knife is in the spouse's heart. Because the accused had a plan and weakening the inhibitions by drunkenness was a part of that plan, an intoxication defense is not feasible. But if, at a party, a bowl of fruit punch is "spiked" by someone who secretly adds gin, the resulting drunkenness is not voluntary and might be considered a possible defense.

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