Michael Donahue - #176 Is "Intoxication" really a viable defense to murder?

[Jenn Lives Life]

I stumbled across this death

http://mydeathspace.com/deaths.aspx?ctl00_MainContent_Weblogs1_show=2591a7 74-e116-4c2e-a152-d96e597f6353

He was stabbed at a club and died later in the hospital...

The man who stabbed him is seen here...

http://www.collegian.psu.edu/archive/2006/08/08-02-06tdc/08-02-06dnews-02.asp

Ahh...and the quote right above the murderers picture:
Â* Â* Â* Â* Â* Â* Â* Â* Â* Â* Â*Sloane said it was reasonable defense for Ventura to claim he was too intoxicated to know exactly what he doing, althoughÂ* Â* Â* Â* Â* Â* Â* Â* Â* Â* Â* Â* Â* Madeira said the prosecution does not agree.

Recently there was the murder of that poor woman, her sister and her children by someone in an alcohol induced "Blackout" - to me when it comes down to it THEY ARE STILL RESPONSIBLE.Â* It really pisses me off when I see or hear people say "oh...that doesn't count since I was wasted"Â* or "well you can't be mad at me since i was drunk when i tried to screw your cat"

Get a clue.

[Broken Epiphany]

Nope. 

[crackityjones]

No kidding. He CHOSE to get drunk and he CHOSE to stab some dude in the heart, his actions are still his actions regardless of how fucked up he may have been.

[Elegantly_wasted]

[quote author=crackityjones link=topic=825.msg29944#msg29944 date=1155677852]
No kidding. He CHOSE to get drunk and he CHOSE to stab some dude in the heart, his actions are still his actions regardless of how fucked up he may have been.
[/quote]

I couldn't agree more.......if you drink to the point that you blackout.........to damn bad!  You should have never started drinking.........the boy he killed is dead........did he have a choice?  Nope........No sympathy from me.........I drink too..........but if I ever drink and wake up and wonder "What did I do last night"  I'll go to AA........that's the first sign of a alcoholic!! 

He should pay as though he put a gun to the guys head and pulled the trigger........I feel sorry for his family though.             

[mydeathspaceaddict]

If intoxication was a viable defense to murder it would be ok to drive drunk and kill someone-" I mean, hey, I was drunk, I woul;d have known not to drive if I wasn't fucked up!"  Now that is just stupid

[MorbidCuriousity]

I'm one beer away from killing most of you. 

[mydeathspaceaddict]

:lol:ha, if we go to Australia we won't have to spend too much time in jail

[[Pandora]]

I hate when people try to excuse their actions because they chose to fuck themselves up with a substance. It's his fault because he got himself in that state in the first place.

[J]

ya unless you're like on acid or pcp or something that really fucks your brain up... i'm not buying it.  especially alcohol.  kill someone with your car and it's WORSE if you're drunk.

[brascolaw]

[quote author=Jenn Lives Life link=topic=825.msg29931#msg29931 date=1155675914]
I stumbled across this death
[/quote]

Intoxication as a defense is hard to explain...and it differs from state to state.Â* In some states, a defendant can argue that voluntary intoxication made him incapable of forming the specific intent to kill.Â* Some states apply the same rule, but look at your past to see if you have had any other violent outbursts while intoxicated...if so, it should have been forseeable that you could kill someone when intoxicated, so it's not a defense.Â* In other states, voluntary intoxication is NO DEFENSE AT ALL (i.e. Texas).Â* There are other states that don't allow voluntary intoxication as a defense, but take it into account during sentencing (i.e. you would have had 20 years in prison, but since you were on PCP, you get 10 years).Â* Basically, it all depends on the laws of the particular state.Â* Â*

However, if the intoxication was involuntary, a person can sometimes plead temporary insanity as a defense.Â* Â*For example,Â* I spike the punch @ a party with acid.Â* You drink it, and then suddenly think yout friend is Hitler...so you kill him.Â* However, it's VERY RARE that someone takes a drug without knowing and kills someone....and it's even more rare that someone successfully prevails with this defense.