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Old July 1, 2009, 10:27 AM   #24
A_McDougal
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Join Date: May 1, 2009
Posts: 48
Pizza killer,
Search under 'voluntary intoxication' and 'diminished capacity'. This will start you off
http://www.courts.state.md.us/ble/gb...alysis7-08.wpd
Quote:
Intoxication is a complete defense when it was involuntary and so excessive as to temporarily deprive the defendant of his reason. Voluntary intoxication may be a defense if a specific intent is an essential element of an offense, such as common law burglary and common law larceny, and the defendant was so intoxicated as to be mentally incapable of entertaining the requisite intent. Voluntary intoxication is not a defense to a general intent crime, such as “break and enter a dwelling house.” Clark & Marshall, A Treatise on the Law of Crimes §§ 6.09-6.11 (7th ed. 1967).
http://en.wikipedia.org/wiki/Intoxication_defense

http://law.jrank.org/pages/1142/Excu...oxication.html

http://wings.buffalo.edu/law/bclc/web/nyregister.htm

http://www.ncids.org/Defender%20Trai...-LisaMiles.pdf

If you can find the what the judge wrote for the Oregon case, I'm sure it will discuss the issue of voluntary intoxication.

Last edited by A_McDougal; July 1, 2009 at 10:33 AM.
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