what I learned today in skool

[Okla-homey]

voluntary intoxication is almost never allowed as a defense:

Defendant: "I was too drunk to know what I was doing"

Judge: "Tough noogies, you were'nt drunk when you started drinking in the first place Skippy"

We would all do well to keep that in mind.

that is all.

[oumartin]

and you are going to be defending these guys?

[Okla-homey]

and you are going to be defending these guys?

I'm not ruling out the possibility, but highly unlikely. That said, the point was merely "I was drunk" won't usually cut it. It was a PSA if you will.;)

[sooneron]

It works when the rabbit dies!

[oumartin]

I won't give my opinion on drinking.

[yermom]

seems like i heard a law in CA that says that it's rape if a chick has been drinking

[1stTimeCaller]

Homey what if you are involuntarily intoxicated? Young naieve gal at a party thinks she's drinking punch. Turns out the punch was spiked with Everclear. sumptin like that.

[bri]

voluntary intoxication is almost never allowed as a defense:

Defendant: "I was too drunk to know what I was doing"

Judge: "Tough noogies, you were'nt drunk when you started drinking in the first place Skippy"


You're right, Your Honor. That's why I didn't start f**king the fat chick until AFTER I was drunk.

[sooneron]

You're right, Your Honor. That's why I didn't start f**king the fat chick until AFTER I was drunk.
OK, this is what I was REALLY talking about!:texan:

[TexasLidig8r]

How about.. when you have a crime involving and requiring a certain mental state? For example, in first degree murder, you have to show intent, deliberation and pre-meditation.

Can a person be so impaired by alcohol as to be unable to have the requisite mental state to commit the crime?

(I hated criminal law.)

[Taxman71]

The only thing I remember from criminal law was the case when the old guy tricked the other old guy into storming over to the house of another old guy to get shot in the head. He told the police that he was "the hoss that caused the loss".

Classic.

[Okla-homey]

How about.. when you have a crime involving and requiring a certain mental state? For example, in first degree murder, you have to show intent, deliberation and pre-meditation.

Can a person be so impaired by alcohol as to be unable to have the requisite mental state to commit the crime?

(I hated criminal law.)

As I understand it Lid, that's about the only common law exception -- to downgrade a homicide from murder to a lesser charge. Here, the actor is still culpable and will prolly ultimately be convicted of manslaughter because recklessness is one of the defined mental states for manslaughter and getting stoned is considered reckless. Ergo, drunk who kills may not be a murderer unless the prosecution can prove BRD he was still able to form the intent to kill. If they can't, he's prolly at least guilty of manslaughter.

[mdklatt]

voluntary intoxication is almost never allowed as a defense


I guess you can't believe everything you read on the innerweb.

safety buzz (http://www.urbandictionary.com/define.php?term=safety+buzz)

[Okla-homey]

The only thing I remember from criminal law was the case when the old guy tricked the other old guy into storming over to the house of another old guy to get shot in the head. He told the police that he was "the hoss that caused the loss".

Classic.

My fav so far is a 1985 California case where a d00d "raped by fraud." The guy called a hottie and told her he was calling from the clinic to tell her she had some horrible fatal disease. The only cure had to be delivered via sex with a man who had the anti-body in his system.

It just so happened, as it were, he claimed to be one of those guys. Then, the d00d had the audacity to say he'd "inject" her, but it would cost her 5000.00. She only had 2000.00 so he took pity on her, accepted and proceeded with the "procedure." :eek:

Of course, she figured it out later and the d00d was convicted of rape by fraud and without threat of force.

[mdklatt]

My fav so far is a 1985 California case where a d00d "raped by fraud." The guy called a hottie and told her he was calling from the clinic to tell her she had some horrible fatal disease. The only cure had to be delivered via sex with a man who had the anti-body in his system.


Let me guess--she was blonde, right? :D

[Okla-homey]

Let me guess--she was blonde, right? :D

prolly