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:
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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:
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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:
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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:
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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:
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