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negates criminal capacity!
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voluntary definition and applicability
Voluntary, intentional taking of a substance known to be intoxicating | Defense to specific intent crime (or MPC purpose/knowledge) if intoxication prevents formation of required intent |
involuntary definition and applicability
Taking intoxicating substance without knowledge of its nature, under duress, or pursuant to medical advice | may be a defense to all crimes |
drunkeness principal
Drunkeness itself is not a ∆ → ∆ must argue that his drunkenness affected his mens rea in a relevant way
Voluntary intoxication not avalible for purpose/knowledge or speciifc intent when
when ∆ purposefully got drunk so he would commit the crime
how do you come involuntarily intoxicated?
trick or drugged