A Brief Summary and Critique of Criminal Liability Rules for Intoxicated Conduct

Journal of Criminal Law Vol. 82, Pg. 381, 2018

U of Penn Law School, Public Law Research Paper No. 18-15

8 Pages Posted: 24 May 2018 Last revised: 3 Dec 2018

See all articles by Paul H. Robinson

Paul H. Robinson

University of Pennsylvania Law School

Date Written: 2018

Abstract

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible for creating his own addiction. It notes some of the differences between the US and UK approaches on some issues.

Keywords: Criminal law, culpability, blameworthiness, defenses, excuses, drugs, mens rea, drunkenness, specific & basic/general intent, intuitions of justice, duress, compulsion, involuntary intoxication, voluntary intoxication, addiction, alcoholism, negating offense element

Suggested Citation

Robinson, Paul H., A Brief Summary and Critique of Criminal Liability Rules for Intoxicated Conduct (2018). Journal of Criminal Law Vol. 82, Pg. 381, 2018; U of Penn Law School, Public Law Research Paper No. 18-15. Available at SSRN: https://ssrn.com/abstract=3184291

Paul H. Robinson (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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