Intoxication Self-Quiz

 

 

 

 

 

Medicorp is a drug company that manufactures many different kinds of drugs and medicines. Because of a manufacturing error, a tablet of Ecstasy accidentally ends up in a bottle full of aspirin. Larry buys this particular bottle of aspirin and pops two tablets before going off to a party. Unfortunately, Larry ends up unintentionally swallowing the ecstasy tablet. The drug puts Larry in an extreme state of intoxication and, while he is at the party, he rapes a young woman. At Larry's trial, he is able to demonstrate that he was in such a state of intoxication that he had no comprehension that what he was doing was wrong. That being the case, Larry will probably be:
Choice 1 Convicted, because he intentionally took the tablet
Choice 2 Convicted, because rape is a general intent crime
Choice 3 Acquitted, because he did not intend to rape the woman
Choice 4 Acquitted, because the intoxication placed Larry in a state of mind that qualified him as legally insane
Larry has been at his first college party for about ten minutes when somebody offers him a glass of vodka and cranberry juice. Larry rarely drinks alcohol and, since he never drinks juice, he has actually never had cranberry juice before. Larry takes a few sips of the drink when he decides he does not like it. Unfortunately, Larry has a rare allergy to cranberry juice that he is unaware of because he has never had cranberry juice before. The effects of the juice, combined with the small amount of vodka, put Larry in a state of extreme intoxication and, while he is at the party, he rapes a young woman. At Larry's trial, he is able to demonstrate that he was in such a state of intoxication that he had no comprehension that what he was doing was wrong. If Larry is in a jurisdiction that has adopted the Model Penal Code's treatment of involuntary intoxication, he will probably be:
Choice 1 Acquitted, because he did not intend to rape the woman
Choice 2 Acquitted, because Larry did not know that cranberry juice would put him in such a state of intoxication
Choice 3 Convicted, because he intentionally drank the vodka
Choice 4 Convicted, because rape is a general intent crime
Larry is on his way to his first college party and he decides that, in order to soak up the complete college experience, he is going to get completely drunk. After twelve beers and several more shots of bourbon, Larry is adequately smashed. As he is staggering home, he passes by a house that belongs to one of his professors. Larry looks into the house and he sees the kitchen. He breaks the window, enters the house, grabs the first thing he sees, which happens to be a sterling silver pitcher, fills it with water and starts drinking. After he finished the water, Larry staggers out of the house, forgetting to put the pitcher down, and goes home. If Larry is charged with burglary for breaking and entering the house and he tries to mount an insanity defense, he will probably be:
Choice 1 Acquitted, because burglary is a specific intent crime
Choice 2 Acquitted, because he did not intentionally take the pitcher
Choice 3 Convicted, because he got drunk on purpose
Choice 4 Convicted, because he meant to break into the house
Larry is on his way to his first college party and he decides that, in order to soak up the complete college experience, he is going to get completely drunk. After twelve beers and several more shots of bourbon, Larry is adequately smashed. He starts arguing with another student as to whether someone who breaks into people's homes and takes their property should be called a robber or a stealer. The argument gets heated and eventually, Larry and the other student are throwing punches. As the fight goes on, Larry manages to get his hands on a baseball bat, which he then uses to beat the other student to death. If Larry is tried for murder and tries to raise an intoxication defense, he will probably be:
Choice 1 Acquitted, because he was drunk
Choice 2 Acquitted, because the other student was throwing punches at Larry
Choice 3 Convicted of murder, because he got drunk on purpose
Choice 4 Convicted, but Larry will be able use his intoxication to get the charges reduced from murder to manslaughter
If a defendant who is charged with a specific intent crime raises an intoxication defense in a situation where he was voluntarily intoxicated, the burden of proof is on him to prove that, because of his intoxication, he did not have the required mens rea to be convicted of the crime:
True
False

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