What are Intoxicated Offenders Responsible for? The 'Intoxication Defense' Re-Examined
Criminal Law and Philosophy: An International Journal for Philosophy of Crime, Criminal Law and Punishment 5.1, January 2011
20 Pages Posted: 23 Nov 2012 Last revised: 10 Jan 2013
Date Written: 2011
Abstract
I provide a brief history of the common law governing the criminal liability of intoxicated offenders, and the codification and application of the intoxication rules in Canada. I argue that the common law and its statutory application in Canada violate a number of principles of criminal justice. I then argue that the rules cannot be saved by attempts to subsume them under principles of prior fault. I end with a modest proposal for law reform.
Keywords: Canadian, Common Law, Criminal Justice, Criminal Laws, Intoxication, Political Philosophy, Substitution, Prior Fault
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