Question

Intoxication has been used as a defense for many years. There is voluntary intoxication and involuntary intoxication. Please explain each and what value they might have to the defendant?

Answer 1

Intoxication means state of being not aware completely due to substance abuse like alcohol.

Intoxication in defense means when a person claims defense in court using that intoxication lead to loss of awareness and ultimately, saying that crime was done in an impaired state and not with intentions.

Voluntary intoxication - it means the person took drugs or alcohol or any other substance with willingness before commuting the crime.

Involuntary intoxication - when the person took substances like alcohol, drugs before committing or involving in a crime but not willingly or intentionally.

The defendant can use intoxication to defense himself/herself in the court of law. Intoxication results in lack of awareness of surroundings and impairment in the decision making.

But voluntary intoxication can be used as defense up to a limit. Generally, court does not consider it as a defense because the defendant intoxicated himself wilingly & may be purposely. The criminal had intentions to commit the crime.

But, Involuntary intoxication can be used as defense by the defendant as here the person did not take substance willingly. Involuntary intoxication defend the criminal as there were no intentions to commit the crime in first place.