Please join StudyMode to read the full document. But where a person thru drink and drugs and commits a crime, the levels of intoxication maybe such to prevent the defender from forming a mens rea of a crime. Public policy plays a strong factor in ascertaining weather the defendants intoxication is maybe used by the defendant to negate the mens rea of a crime. It is obviously not in the public interest for criminals to escape liability simply by ascertaining that they were drunk they did not know what they were doing, this would be seen as aggravating factor rather than a mitigation factor particularly were the defendant himself in that position.
Law - Evaluation And Reform Of Intoxication And Evaluation Of Insanity
Defence Of Intoxication Essay - Words | Cram
In , only six percent of state prisoners had been convicted of a drug offense; today, the percentage is higher in both state prisons This reform has strengthened differential criminality where white men reported they uses drug five times more than African American, but African American men get punished on drug The crime over the last couple of years may have dropped down significantly but is still very abroad and active. This states that the number of case listed have tried those juveniles as adults in the court of law. Moreover the number of juveniles are…. In contrast, property crime also saw a decline in the same year over all categories, with a total of reports in AIC,
The war on drugs should be fought against those who directly benefit from drug use and there are little to no benefits for an addict who will choose to use regardless of illegality, take the case of prescription drug abuse. In terms of offences that require mens-rea or intent as a constituent element, a condition which prevents an individual from forming the necessary mental condition is generally taken as an excuse and this explanation has been accepted by number of theorists of criminal law and on basis of this I would like to refer some judgments of Common Law Context. In the case of Attorney-General Northern Ireland v. Gallagher  where voluntary intoxication was not admitted as a defence by the judges while convicting the accused.
The Defence of Provocation Provocation is a defence which reduces the offence of murder to manslaughter. Even though there may be an intent to kill it can be deemed that, in some circumstances, it is not appropriate to be classified as murder. It is not saying the killing is justified or excused.