Question

If mental incapacity is self-induced, as when a person kills in a drunken fit, should the law excuse the crime? If not, should it be punished less severely?

Answer 1

Intoxication or a drunken state cannot be an excuse for criminal conduct. However it is very important to consider the intent of the defendant and then come up with the appropriate trial or punishment. People who are drunk often would argue that they were not in full control of their bodies as they were in intoxicated state at that time.

It’s essential to consider the intent and state of mind at the time of committing the crime. A general intent is one in which the defendant intentionally did something the law prohibits, but didn't necessarily intend the consequences that followed. Where a crime is defined by reckless conduct or negligence, intoxication will likely not be a defence, because it is foreseeable that alcohol will lead to reckless or negligent behavior.

A specific intent is one in which the defendant specifically intended the consequences of his illegal act.

If a crime is committed with serious intentions on killing or damaging a person this needs to be appropriately investigated and prosecuted. One cannot just simple ignore it saying that the person was not in a state of mind, there would always be a possibility that the intention of killing was always on his mind. Having saying that a person who genuinely did not intend to kill anyone but due to intoxication did not realise the crime committed, the defendant may still be convicted of a lesser offence that has only a general intent requirement and punished less severely.