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

Suggested Citation

Dimock, Susan, What are Intoxicated Offenders Responsible for? The 'Intoxication Defense' Re-Examined (2011). Criminal Law and Philosophy: An International Journal for Philosophy of Crime, Criminal Law and Punishment 5.1, January 2011, Available at SSRN: https://ssrn.com/abstract=2180062

Susan Dimock (Contact Author)

York University, Students ( email )

Ontario
Canada

HOME PAGE: http://www.yorku.ca/dimock

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