Intoxication Defense - Balancing The Issues
Without any semblance of doubt, intoxication as defense is one of the trickiest issues. The success rates are low and it prompted Robert Traver, the author of the “Anatomy of Murder” to comment that “Personally I have never seen it succeed”.
The essence of Intoxication defense is not so much as positive evidence by itself. Its main use is to negate the element of the crimes charged. Especially where the specific intent is the element of the crime, such defense could prove to be useful.
You should clearly appreciate those issues with intoxication is not much whether the defendant was really drunk? Even voluntary drinking is not an issue. The main issues involved are that of the degree of the intoxication. It is to be examined whether such degree of intoxication completely destroyed the power of the accused to commit such crime for which he or she is facing charges.
If there is sufficient evidence of consumption of alcohol by the accused, it is the judicial practice in USA to charge the same to juries. It is another matter altogether whether the juries accept them or not.
The accused however should be informed about the legal provisions. For instance, in a case of Alcohol & Driving when the accused provides sufficient evidence to establish intoxication, pleading guilty may deprive him of potential defense. On the other hand the adoption of intoxication as defense may extend the Sandoval inquiry of the Prosecution.
Balancing the issues requires an apt hand and it is the expert professional that can provide you with.
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