Intoxication defense: Encyclopedia II - Intoxication defense - Voluntary and involuntary consumption

Intoxication defense - Voluntary and involuntary consumption

There is a certain raw sense in this distinction. As an example, the so-called Dutch courage defense sees an accused hate his spouse but fear to take action. The accused therefore buys a bottle of the best brandy and a sharp knife. In the morning, the bottle is empty and the knife is in the spouse's heart. Because the accused had a plan and weakening the inhibitions by drunkenness was a part of that plan, it would be a nonsense to allow that accused a defense. But if, at a party, a bowl of fruit punch is "spiked" by someone who secretly adds gin, the resulting drunkenness is not voluntary and might be considered a possible defense.

Intoxication defense - Foreseeability test

The presence or absence of liability may be said to hang on a foreseeability test. The fact that the consumption of alcohol or the ingestion of drugs may cause a loss of control is well-known. Thus, anyone who knowingly consumes is, at the very least, reckless as to the possibility of losing control. If they did not wish to lose control, they would not consume, so loss of control must be within the scope of their intention by continuing to consume. But, loss of control is not instantaneous and without symptoms. The issue of involuntary consumption is therefore contentious. In most legal systems, involuntary loss of control is limited to cases where there is no real loss of control with noticeable symptoms. Thus, for example, in many states, the blood alcohol level for the commission of the offence of driving under the influence is set sufficiently low that people might exceed the limit without realising that they had consumed alcohol. Leaving aside the issue that, in some states, this is a strict liability offense excluding drunkenness as a defense, there is usually a requirement that the person who "spiked" the drinks be prosecuted in place of the driver. This reflects the fact that the commission of a crime has been procured by the actions of secretly adding the alcohol and the practical fact that without this rule, too many accused who are only marginally over the limit, might be encouraged to blame others for their intoxication. More generally, the defense would be denied to people experiencing symptoms of intoxication who continued to consume the spiked drink because they ought to have known what was happening to them. Equally, if no further consumption occurred but they ought to have recognized that they were affected by an unknown substance, beginning an activity such as driving would not fall within the defense. In other words, the policy underpinning the operation of the law favors the protection of the public as against the interests of an individual who recklessly or with wilful blindness exposes the public to danger.

Adapted from the Wikipedia article "Voluntary and involuntary consumption", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki