Intoxication Defense and Criminology - Essay Example

Intoxication can be both voluntary and involuntary, several states are against the use of the defense of voluntary intoxication and have accepted to be used as a defense only if the aim is to decrease the nature of the severity of the crime committed by the defendant. When an individual conducts an action such as abusing drugs and alcohol without being coerced into the consumption of these substances, the act is recognized as voluntary and this leads to the act being said to have conformed to the requirements of the voluntary act (Singer, 2007, p.501). Actions that are caused due to the act of voluntary intoxication can not be defended through voluntary intoxication defense until and unless that act of intoxication has prevented the defendant from creating the intention of crime needed for a particular criminal act. If the defendant has committed an act that is regarded as reckless, the defendant might even fail to gain the clause of imperfect defense (Delaney, 2004, p.423).

For example: Before an individual drinks a bottle of alcohol, a drug that results in the unconsciousness of the consumer is added to the bottle of alcohol. The individual consumes the drug mixed with alcohol and enters into an unconscious state and in that unconscious state, he/she ends up nearly killing another individual by beating him/her up. The individual is charged with assaulting another individual in such a manner that the other individual could have even experienced death. The individual may try to defend himself/herself from the charge by stating that she did not voluntarily consume the drug. However, the fact that the individual voluntarily consumed alcohol and ended up in an unconscious state may make her defense weak because she had consumed alcohol knowingly and out of free will. This will lead to her being held responsible for beating another individual so badly that he/she nearly dies.

2. An act is accepted as self-defense when the defendant can justify that the act was conducted in self-defense (Brody, 2010, p.133). Self-defense can be used by the defendant in several issues such as a physical attack, battery, and homicides that are criminal because all these acts include the application of force. Most of states consider self-defense as a defense of statutory but the position changes depending on the case. 

The use of deadly force in self-defense is regarded as an action in which any level or kind of force is used and the usage of this force can result in the death of the person against whom it is being used. This does not mean that the person against whom the defense has been initiated should end up dead to consider this kind of act as the application of deadly force. An example of the application of deadly force includes the utilization of a weapon such as a knife or a gun to defend oneself. A defendant can use the concept of self-defense as a defense that is both perfect and imperfect. A defendant can claim that he has conducted an act in self-defense when the applied force is considered objectively reasonable under the scenario.

According to law, an individual can conduct the application of self-defense when he fears that he will be killed, will be injured very seriously and the injury is bodily or when the issue of a felony that is very serious arises (Bergelson, 2009, p.13). By the Penal Code, an act where deadly force is applied can not be regarded as the use of deadly force in self-defense until the performer of that act perceives that this kind of strength is essential to guard himself against being killed or physically harmed seriously or will be sexually assaulted or kidnapped (Dickenson, 2002, p.224). For example: John pushes Jane onto the floor and sits on her and starts tearing off her clothes, Jane moves her hand on the floor and gets hold of a knife. She stabs John in the abdomen area and this results in John’s death. In this case, Jane has applied deadly force in self-defense and she can justify it because she feared that she will be raped by John. Read More