NCJ Number
138572
Journal
Washington Law Review Quarterly Volume: 69 Issue: 1 Dated: (1991) Pages: 221-242
Date Published
1991
Length
22 pages
Annotation
Scientific research has established that pathological intoxication can be caused by an underlying brain abnormality, which, if aggravated by alcohol consumption, can cause temporary insanity and sometimes violence directed at others. Thus, some cases of involuntary intoxication, temporary insanity, and automatism should be recognized as legitimate defenses in a court of law.
Abstract
However, some courts have failed to realize that what distinguishes legal categories of drunkenness and insanity, and voluntary or involuntary intoxication, is the defendant's inability to recognize the probable consequences of his behavior. The courts have treated these conditions, when brought about by knowing consumption of alcohol, as an inculpatory fault on the part of the drinker, regardless of whether that person had any reason to expect an atypical reaction to the alcohol. Following a review of the concept of fault in the early development of the law of insanity and intoxication, the author discusses some illustrative cases. The first line of cases represents a strict judicial view regarding a defendant's liability as to his consequent mental incapacity resulting from alcohol consumption, while the second group of cases represents a more traditional principle of criminal responsibility based on the concept of mens rea. 91 notes