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Topic: Intoxication

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  OSCN Found Document:Involuntary Intoxication Defined
Involuntary intoxication is a complete defense where the defendant is so intoxicated that he is unable to distinguish between right and wrong, the same standard as applied in an insanity defense.
An involuntary intoxication defense is available where the intoxication results from: 1) fraud, trickery or duress of another; 2) accident or mistake on his own part; 3) a pathological condition; 4) ignorance as to the effects of prescribed medication.
Involuntary intoxication is solely a claim that the person, without personal culpability for the intoxication, was so intoxicated at the particular time as to be unable to know right from wrong, or the nature and consequences of his acts.
www.oscn.net /applications/oscn/deliverdocument.asp?citeID=81441   (350 words)

 Intoxication defense - Wikipedia, the free encyclopedia
An intoxication defense, in criminal law, is a defense by excuse, via which a defendant argues that they should not be held criminally liable for actions which broke the law, because they were intoxicated.
Depending on the nature of the crime, the effectiveness of the defense may hinge upon whether the defendant was subject to voluntary intoxication, or involuntary intoxication.
However, voluntary intoxication is never a defense to general intent crimes, such as arson, rape, or murder, that require a mens rea of malice or recklessness rather than the specific intent to commit the offense.
en.wikipedia.org /wiki/Involuntary_intoxication   (241 words)

 Drug and alcohol intoxication: mens rea defenses
Drug and alcohol intoxication, since the mid 1800's, is not itself a defense to a crime.
Although voluntary intoxication cannot be used as a basis for an insanity defense, in some jurisdictions there is a concept of "settled insanity" resulting from a period of drug usage.
Since intoxication is such a common factor in most violent crime, efforts should be made to assess whether a defendant's intoxication negated a required specific intent in a particular case.
www.emory.edu /AAPL/newsletter/N241_mens_rea_defenses.htm   (1353 words)

 Postgraduate Medicine: Acute care for alcohol intoxication
The extent of the patient's intoxication is a function of body weight and tolerance of alcohol, the volume of alcohol consumed, the percentage of alcohol in the drinks consumed, and the period over which the alcohol was ingested.
Although estimation of the intoxication level may be possible from findings on history taking and physical examination (5) (table 1), a conclusive determination usually should rest with measurement of alcohol in breath or blood.
With the passage in October 2000 of a federal legal intoxication standard of 80 mg/dL (17.4 mmol/L), legislative reassessments of intoxication limits are anticipated in the 15 states still using a limit of 100 mg/dL (21.7 mmol/L).
www.postgradmed.com /issues/2002/12_02/yost1.htm   (2776 words)

 Latest News - The Intoxication Instinct
It seems that intoxication in one form or another is universal, a part of who we are.
He believes that intoxication is not just a part of human nature, it is a basic human right.
Perhaps this would be the greatest contribution a full understanding of the intoxication instinct could offer - a spur for society to move beyond the irrational position of sanctioning caffeine, alcohol and tobacco while fighting a "war" against other psychoactive substances.
www.november.org /stayinfo/breaking2/Intoxication.html   (4090 words)

 WHO | Acute intoxication
Intoxication is a condition that follows the administration of a psychoactive substance and results in disturbances in the level of consciousness, cognition, perception, judgement, affect, or behaviour, or other psychophysiological functions and responses.
Alcohol intoxication is manifested by such signs as facial flushing, slurred speech, unsteady gait, euphoria, increased activity, volubility, disorderly conduct, slowed reactions, impaired judgement and motor incoordination, insensibility, or stupefaction.
Intoxication is highly dependent on the type and dose of drug and is influenced by an individual's level of tolerance and other factors.
www.who.int /substance_abuse/terminology/acute_intox/en   (463 words)

 OSCN Found Document:Defense of Voluntary Intoxication - Requirements
Voluntary intoxication is relevant to disprove the existence of a specific criminal intent and thereby the commission of the crime, but voluntary intoxication does not excuse the defendant from criminal liability for a lesser included offense which does not have such a mens rea requirement.
Voluntary intoxication is not a defense to the crime of rape, because rape does not have a specific criminal intent mens rea requirement.
Voluntary intoxication is not a defense to a crime having a general mens rea requirement, such as criminal negligence.
www.oscn.net /applications/oscn/deliverdocument.asp?citeID=81435   (878 words)

 Intoxication | Edward Lawson
Intoxication under our law means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.
This distinction is important because, as explained, whether or not the defense of intoxication applies is a factual determination to be made by you.
You may also consider, along with all the other evidence, the degree of intoxication in determining whether or not the defendant was capable of acting with (purpose or knowledge) to commit the crime charged.
edwardlawson.com /Intoxication.html   (631 words)

 Archives of Environmental Health: Incidence and causes of carbon monoxide intoxication: results of an epidemiologic ...   (Site not responding. Last check: 2007-11-06)
Therefore, the purpose of this epidemiologic study was to estimate the incidence, mortality, and current causes of CO intoxications in a French department.
A total of 231 patients presented with signs of CO intoxication while in a situation of suspected CO exposure, a source for which was authenticated for 203 patients, and CO was detected in the atmosphere for 28 patients.
Intoxication occurred in the setting of a fire in 36 events (108 cases), and in 12 events it was the result of car exhaust (18 cases).
www.findarticles.com /p/articles/mi_m0907/is_n6_v46/ai_11930003   (1408 words)

 Commission Report No 6 - Criminal Liability and Self-Induced Intoxication
Where gross intoxication negatives intent in a crime of specific intent, the defendant may be convicted of a lesser included offence for which proof of specific intent is not necessary.
Self-induced intoxication may be treated as establishing the existence of a 'guilty mind' but it cannot in itself establish the existence of the additional purposive element that constitutes a specific intent.
Most people who are so intoxicated at the time of committing a criminal offence that they cannot be proved to have acted voluntarily and intentionally, are suffering from a physical or mental condition caused by prolonged or excessive consumption of alcohol or drugs.
www.parliament.vic.gov.au /lawreform/intox/lrc1986.html   (12204 words)

 Intoxication as a Defense
Section 15.25 states: "Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crime charged." Handling a Criminal Case in New York, § 15:81.
Intoxication evidence may be introduced where specific intent is an element of the crime.
With intoxication, the issue is not whether the defendant was drunk, nor whether it is voluntary; rather, the issue is whether the degree of intoxication was of such a character that it destroyed the power to form the specific intent required to commit the crime.
www.mcacp.org /issue37.htm   (532 words)

 s030728a - Lithium Intoxication - Dialysis
Abstract: In Japan, 9 cases of severe lithium intoxication have been treated by hemodialysis so far, and the usefulness and indications of this procedure are not yet understood fully.
Abstract: A case of severe lithium intoxication is presented in which the function of the lithium pump was monitored, and was found to improve as the signs of lithium toxicity abated.
Since the lithium pump regulates the extrusion of lithium from the intracellular to the extracellular space, it is argued that the activity of the lithium pump is an index of the severity of lithium intoxication and crucial to the process of detoxification.
www.emory.edu /WHSCL/grady/amreport/litsrch03/s030728a.html   (2458 words)

 Intoxication Defense in Workers' Compensation is Not Automatic   (Site not responding. Last check: 2007-11-06)
If the employee's intoxication results from activities which were in pursuit of the employer's interests or in which the employer encouraged its use, the intoxication defense does not apply.
In successfully establishing the intoxication defense, the employer must first prove that the employee was intoxicated at the time of the accident.
Once the employer has proven intoxication at the time of the accident, the accident is presumed to have been caused by the intoxication.
www.lwcc.com /articles_legal.cfm?A=97&C=2   (1155 words)

On the other hand, intoxication is implicated in 65% of murders, 88% of knifings, 65% of spouse battering, 55% of violent child abuse.
Intoxication is rewarding for precisely the same reason it produces suffering - it diminishes the influence of remote stimuli.
It is not that intoxication produces pleasant moods or destructive behaviors directly, rather it releases processes that otherwise would have been inhibited.
www.alcohol-drug.com /myopia.htm   (452 words)

 law.com - Diabetic Gets New Chance to Argue 'Involuntary Intoxication' Defense
On a 4-3 vote, the justices said Garcia has to be given another chance to prove he was involuntarily intoxicated, but they left it up to the lower court judge to determine whether he should get a new trial.
He must also show the intoxication disturbed his mental or physical capabilities and "resulted in the defendant's lack of capacity to conform his or her conduct to the requirements of law," they said.
They said Garcia's statements indicated any intoxication was voluntary because he ignored medical advice and took too large a dose of insulin and then failed to eat anything afterward, despite at least three other bouts of hypoglycemia.
www.law.com /jsp/article.jsp?id=1118666121681   (553 words)

 The Analyst - Internet Health Report: Condition: Caffeine Intoxication   (Site not responding. Last check: 2007-11-06)
Caffeine intoxication usually occurs with consumption above 250mg (equivalent to about 2 1/2 cups of coffee).
Caffeine is known to cause periods of exhaustion.
Caffeine intoxication is known to cause rambling thought and speech.
www.digitalnaturopath.com /cond/C569985.html   (482 words)

 Sympathomimetic Intoxication   (Site not responding. Last check: 2007-11-06)
Amphetamine or sympathomimetic intoxication describes the state that occurs with the use of...
Amphetamine or Sympathomimetic Intoxication (Intoxication - Amphetamines or Sympathomimetics, Intoxication - Uppers, Sympathomimetic Intoxication)...
Amphetamine or sympathomimetic intoxication describes the state that occurs with the use of amphetamines or sympathomimetic drugs.
www.sympathomimeticintoxication.info   (295 words)

 Amazon.com: Books: Out of It : A Cultural History of Intoxication   (Site not responding. Last check: 2007-11-06)
Intoxication is a constant of the human condition that Walton explores in a wide-ranging, well-referenced history.
Out Of It: A Cultural History Of Intoxication by cultural historian and journalist Stuart Walton is a review and survey of the use of intoxicants down through human history and which ranged from alcohol, caffeine, and tobacco, to opiates, amphetamines, hallucinogens, and "designer drugs".
From Stone Age rituals; to intoxication in the Greek and Roman eras; to contemporary recreational usage and strict anti-drug laws, Out Of It studies the history, causes, effects, and attitudes concerning these chemical substances with a distinct eye for the logic (and illogic) behind the generational shifts in social mores, customs, and prohibitions.
www.amazon.com /exec/obidos/tg/detail/-/0609610449?v=glance   (1460 words)

 T.P.I. -- CRIM. 40.02   (Site not responding. Last check: 2007-11-06)
T.P.I.             Included in the defendant's plea of not guilty is [his] [her] plea of intoxication as a defense.
            Intoxication, whether voluntary or involuntary, is relevant to the issue of the essential element of the defendant's culpable mental state.
            If you find that the defendant was intoxicated to the extent that [he] [she] could not have possessed the required culpable mental state, then [he] [she] cannot be guilty of the offense charged.
www.tncrimlaw.com /TPI_Crim/40_02.htm   (377 words)

 Diminished Capacity   (Site not responding. Last check: 2007-11-06)
It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law.
So, the evidence that a Defendant acted (or failed to act) while in a state of gross intoxication is to be considered in determining whether or not the Defendant acted (or failed to act) with the specific intent of __________________.
Accordingly "gross" is added to this instruction to indicate the level of intoxication required under West Virginia case law.
www.state.wv.us /wvsca/jury/crim/dimin.htm   (247 words)

 Alcohol Handbook: Chapter 13
Intoxication may be defined as the intake of a quantity of a substance which exceeds the individual's tolerance and produces behavioural or physical abnormalities.
Clinically obvious alcohol intoxication occurs in non-tolerant individuals at blood alcohol levels of approximately 34 mmol/litre.
Intermittent or dependent narcotic users are prone to accidental overdose because they often overestimate their own tolerance or are unaware of the potency of the drug they use.
www.druglibrary.org /schaffer/Other/alc_c13.htm   (1140 words)

 Water Intoxication   (Site not responding. Last check: 2007-11-06)
Probably, low level of serum sodium may be related to her intolerable symptoms due to increasing cranial pressure by cerebral edema, namely water intoxication.
Thus, the water intoxication, therefore, may be resulted from secretion of vasopressin induced by adrenal crisis due to the inflammatory or other stress.
Although the direct effect of glucocorticoid deficiency on water permeability of the distal nephron could not be excluded, several lines of evidence strongly support a central role for vasopressin.
www.diabetesinsipidus.org /4di_water_intox.htm   (669 words)

 Alcohol Intoxication Testing   (Site not responding. Last check: 2007-11-06)
The scientific determination of alcohol intoxication is always an estimate regardless if the expert is an ordinary police officer armed with a breathalyzer or a forensic toxicologist armed with the most sophisticated laboratory equipment.
As with all intoxication testing, if the technique, method, or instrument used produces a digital display and a printout, the witness testifying for the prosecution need not be a chemist or scientist.
They are not normally admissible in court on the factual issue of intoxication, but they are active devices, requiring the suspect to do something, hence they are likely to be considered as legitimate search evidence under plain view, incident to arrest, or some other doctrine.
faculty.ncwc.edu /TOConnor/205/205lect09a.htm   (3526 words)

 ADIC - Effects of Alcohol Intoxication   (Site not responding. Last check: 2007-11-06)
The alcohol intoxicated person exhibits loose muscle tone, loss of fine motor coordination, and often has a staggering "drunken" gait.
At intoxicating doses, alcohol can decrease heart rate, lower blood pressure and respiration rate, and result in decreased reflex responses and slower reaction times.
The effects of alcohol intoxication are greatly influenced by individual variations among users.
www.indiana.edu /~adic/effects.html   (294 words)

Poisonous materials, or toxins, are to be found in heavy metals such as lead and mercury, in drugs, in chemicals such as alcohol and carbon tetrachloride, in gases such as carbon monoxide, and in radioactive materials.
Clinical implications of the ethane in exhaled breath in patients with acute paraquat intoxication *.(clinical investigations) (Chest)
Inhibition of mitochondrial complex I may account for IDDM induced by intoxication with the rodenticide Vacor.
www.infoplease.com /ce6/sci/A0825377.html   (222 words)

 Lead Intoxication
Clinical signs of lead intoxication in psittacine birds may include lethargy, depression, anorexia, regurgitation, diarrhea, loss of balance, blindness, head tremors, convulsions and death.
The radiographic presence of metallic densities in the gastrointestinal tract of birds with clinical signs of metal intoxication is supportive of the possibility of lead poisoning.
The prognosis for lead intoxication is guarded if the bird has severe neurological signs or if chronic exposure has occurred.
www.prettybirds.net /Lead.htm   (385 words)

 Severe 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) Intoxication: Clinical and Laboratory Effects   (Site not responding. Last check: 2007-11-06)
In this paper we describe two cases of heavy intoxication with TCDD and present a 2-year follow-up including clinical, biochemical, hematologic, endocrine, and immunologic parameters monitored in two women, 30 and 27 years of age, who suffered from chloracne due to TCDD intoxication of unknown origin.
One important reason for this was the long interval between the presumable time of intoxication (October 1997) and the beginning of examinations in spring 1998, after the diagnosis had been established.
Exposures by other routes of intoxication (through the skin or by inhalation) are not likely to cause such high blood levels in two individuals without strongly contaminating the whole environment.
ehp.niehs.nih.gov /members/2001/109p865-869geusau/geusau-full.html   (3110 words)

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