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Question 1
Medicorp is a drug company that manufactures many different kinds of drugs and medicines. Because of a manufacturing error, a tablet of Ecstasy accidentally ends up in a bottle full of aspirin. Larry buys this particular bottle of aspirin and pops two tablets before going off to a party. Unfortunately, Larry ends up unintentionally swallowing the ecstasy tablet. The drug puts Larry in an extreme state of intoxication and, while he is at the party, he rapes a young woman. At Larry's trial, he is able to demonstrate that he was in such a state of intoxication that he had no comprehension that what he was doing was wrong. That being the case, Larry will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Involuntary intoxication is a complete defense to crimes. Here, Larry was involuntarily intoxicated because he did not know that the substance he was consuming was intoxicating. However, in addition to showing that the intoxication was involuntary, the defendant must show that the intoxication placed the defendant in a state of mind that would qualify him as legally insane. Here, since the intoxication deprived Larry of his ability to determine right from wrong, he was in a state of mind that qualified him as legally insane. Therefore, he will be acquitted of the rape and D is the correct answer.
Incorrect! Involuntary intoxication is a complete defense to crimes. Here, Larry was involuntarily intoxicated because he did not know that the substance he was consuming was intoxicating. However, in addition to showing that the intoxication was involuntary, the defendant must show that the intoxication placed the defendant in a state of mind that would qualify him as legally insane. Here, since the intoxication deprived Larry of his ability to determine right from wrong, he was in a state of mind that qualified him as legally insane. Therefore, he will be acquitted of the rape and D is the correct answer.
Question 2
Larry has been at his first college party for about ten minutes when somebody offers him a glass of vodka and cranberry juice. Larry rarely drinks alcohol and, since he never drinks juice, he has actually never had cranberry juice before. Larry takes a few sips of the drink when he decides he does not like it. Unfortunately, Larry has a rare allergy to cranberry juice that he is unaware of because he has never had cranberry juice before. The effects of the juice, combined with the small amount of vodka, put Larry in a state of extreme intoxication and, while he is at the party, he rapes a young woman. At Larry's trial, he is able to demonstrate that he was in such a state of intoxication that he had no comprehension that what he was doing was wrong. If Larry is in a jurisdiction that has adopted the Model Penal Code's treatment of involuntary intoxication, he will probably be:
Correct
Incorrect!
Correct The model penal code considers pathological intoxication to be involuntary. Intoxication is pathological if the defendant consumes a small amount of an intoxicating substance yet suffers a disproportionately severe reaction that he did not know he was susceptible to. Here, Larry consumed a small amount of an alcoholic drink but he suffered a disproportionately severe reaction to it that he did not know he was susceptible to. That being the case, his intoxication is considered involuntary, he will be acquitted of the rape and B is the correct answer.
Incorrect! The model penal code considers pathological intoxication to be involuntary. Intoxication is pathological if the defendant consumes a small amount of an intoxicating substance yet suffers a disproportionately severe reaction that he did not know he was susceptible to. Here, Larry consumed a small amount of an alcoholic drink but he suffered a disproportionately severe reaction to it that he did not know he was susceptible to. That being the case, his intoxication is considered involuntary, he will be acquitted of the rape and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Larry is on his way to his first college party and he decides that, in order to soak up the complete college experience, he is going to get completely drunk. After twelve beers and several more shots of bourbon, Larry is adequately smashed. As he is staggering home, he passes by a house that belongs to one of his professors. Larry looks into the house and he sees the kitchen. He breaks the window, enters the house, grabs the first thing he sees, which happens to be a sterling silver pitcher, fills it with water and starts drinking. After he finished the water, Larry staggers out of the house, forgetting to put the pitcher down, and goes home. If Larry is charged with burglary for breaking and entering the house and he tries to mount an insanity defense, he will probably be:
Correct Although voluntary intoxication cannot be used as a defense to general intent crimes, most jurisdictions allow a defendant to use voluntary intoxication as a defense to specific intent crimes. Here, since Larry is being charged with burglary, which is a specific intent crime, he can raise the intoxication defense even though he was voluntarily intoxicated. That being the case, Larry will be acquitted and A is the correct answer.
Incorrect! Although voluntary intoxication cannot be used as a defense to general intent crimes, most jurisdictions allow a defendant to use voluntary intoxication as a defense to specific intent crimes. Here, since Larry is being charged with burglary, which is a specific intent crime, he can raise the intoxication defense even though he was voluntarily intoxicated. That being the case, Larry will be acquitted and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Larry is on his way to his first college party and he decides that, in order to soak up the complete college experience, he is going to get completely drunk. After twelve beers and several more shots of bourbon, Larry is adequately smashed. He starts arguing with another student as to whether someone who breaks into people's homes and takes their property should be called a robber or a stealer. The argument gets heated and eventually, Larry and the other student are throwing punches. As the fight goes on, Larry manages to get his hands on a baseball bat, which he then uses to beat the other student to death. If Larry is tried for murder and tries to raise an intoxication defense, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Larry will be convicted. However, if he can show that, because of his intoxication, he did not have the requisite intent for murder, he can get the charges reduced to a lesser charge of manslaughter. Therefore, D is the correct answer.
Incorrect! Larry will be convicted. However, if he can show that, because of his intoxication, he did not have the requisite intent for murder, he can get the charges reduced to a lesser charge of manslaughter. Therefore, D is the correct answer.
Question 5
If a defendant who is charged with a specific intent crime raises an intoxication defense in a situation where he was voluntarily intoxicated, the burden of proof is on him to prove that, because of his intoxication, he did not have the required mens rea to be convicted of the crime:
Correct The jurisdictions that allow voluntary intoxication as a defense to specific intent crimes make this an affirmative defense. Therefore, the burden of proof is on the defendant to prove that he was so intoxicated that he did not have the requisite intent necessary to be convicted. Therefore, TRUE is the correct answer.
Incorrect! The jurisdictions that allow voluntary intoxication as a defense to specific intent crimes make this an affirmative defense. Therefore, the burden of proof is on the defendant to prove that he was so intoxicated that he did not have the requisite intent necessary to be convicted. Therefore, TRUE is the correct answer.