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Voluntary intoxication, homicide, and mens rea : Past, present, and future
Author(s) -
MacIntyre Michael R.,
Darby William C.,
Sones Alexander C.,
Li Jesse,
Leong Gregory B.,
Weinstock Robert
Publication year - 2021
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2514
Subject(s) - mens rea , homicide , statute , jurisdiction , criminology , criminal law , psychology , poison control , computer security , suicide prevention , medicine , law , political science , medical emergency , computer science
Voluntary, or intentional, acute intoxication does not qualify for an insanity defense. However, in many jurisdictions, voluntary intoxication can create a diminished capacity to form a specific intent necessary for a criminal offense. This is a type of mens rea defense. Homicide provides a clear example where the absence of a required specific intent can lead to a lesser included crime that does not require that specific intent. Thereby, a mens rea defense may lessen a first‐degree murder charge to a lesser degree or even manslaughter, depending on the jurisdiction. After reviewing the history of mens rea defenses and voluntary intoxication, we performed a search of LexisNexis for state statutes and case law regulating the use of voluntary intoxication in mens rea defenses, focusing on homicide‐related offenses. In this article, we compare the different approaches that have developed to address this complex issue. We discuss why knowledge of these different approaches is essential to the practicing forensic examiner in relevant jurisdictions and explore developing issues in the area.