Intoxication And Criminal Liability
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Intoxication And Criminal Liability
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Author : Great Britain. Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2009
Intoxication And Criminal Liability written by Great Britain. Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
This report address the issue of intoxication from alcohol or other drugs and its bearing on the criminal liability, if any, of a person charged with an offence, whether it is alleged that the defendent committed the offence or that he/she took a secondary role in the commission by assisting or encouraging a perpetrator. The focus, in particular, is the extent to which voluntary intoxication should be available to support a 'defence' based on absence of fault.
The Law Of Intoxication
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Author : Michael Dillon
language : en
Publisher:
Release Date : 2015-03-31
The Law Of Intoxication written by Michael Dillon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-31 with categories.
The Law of Intoxication: A Criminal Defence is a definitive treatise on intoxication as a criminal defence. This book exhaustively considers how a state of intoxication can provide a full defence to criminal offences. This book considers the law and the theory of a full defence of intoxication. Each chapter reveals significant case law, which has often been neglected, ignored or unnoticed. It takes a comparative approach by citing extensively from jurisdictions across the common law world including England and Wales, Scotland, Canada, USA, South Africa and New Zealand. It also considers the partial defence of voluntary intoxication. The author provides a theoretical analysis of the basis for the full defence and evaluates significant developments in this area. Unique * The very first stand alone publication that deals with how to use evidence of intoxication as a full defence. * Expands beyond road traffic offences to consider the effects of intoxication on all criminal offences including violent offences such as assault, murder, manslaughter. * Provides practitioners with a basis for considering a full defence of intoxication. From the foreword 'For the first time ever the topic has received the treatment which it deserves. Many, whether judge, lawyer, student or those working in related services, will be astonished as to how much there is to be said about the subject matter. It is with obvious certainty that one can say that the use of varying aspects of the underlying jurisprudence is likely to dramatically increase in the coming years and that judges will be heavily engaged with much debate on its finer points: whether by way of a direct defence, full or partial, or of indirect defence, as intoxication feeds into other legal disabilities such as automatism or insanity.' The Hon. Mr. Justice Liam McKechnie of The Supreme Court. Key features * Deals with prosecuting and defending intoxicated defendants and explores what defences are open to these defendants. * Analyses important Court of Criminal Appeal decisions which consider intoxication as a defence including The People (DPP) v Murphy [Unreported, Court of Criminal Appeal, 8 July 2003] and The People (DPP) v Reilly [2005] 3 IR 111. * Comprehensive cross-jurisdictional consideration of case law. * Considers interaction of intoxication as a defence with other mental condition defences including automatism and insanity. Contents * Intoxication by a Third Party * Intoxication by Spiking another Substance * Intoxication by Duress * Intoxication by Chemical Fumes * Intoxication by Accident or Mistake * Intoxication by Prescribed Medication * Intoxication by Unprescribed Medication * Intoxication by Physiological Condition * Intoxication by Psychological Condition * Intoxication by Addiction * The Level of Intoxication Required for a Defence * Strict Liability and Intoxication * Theoretical Basis for the Defence * Partial Defence of Voluntary Intoxication About the author Michael Dillon is a practising barrister with a particular interest in Criminal Law.
Legislating The Criminal Code
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 1995
Legislating The Criminal Code written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Criminal liability categories.
Criminal Liability For Self Induced Intoxication
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Author : Victoria. Parliament. Law Reform Committee
language : en
Publisher:
Release Date : 1999-01-01
Criminal Liability For Self Induced Intoxication written by Victoria. Parliament. Law Reform Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Criminal liability categories.
Justice Liability And Blame
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Author : Paul H. Robinson
language : en
Publisher: Routledge
Release Date : 2019-03-13
Justice Liability And Blame written by Paul H. Robinson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-13 with Law categories.
This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.
The Legal Defense Of Pathological Intoxication
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Author : Lawrence P. Tiffany
language : en
Publisher: Praeger
Release Date : 1990-09-11
The Legal Defense Of Pathological Intoxication written by Lawrence P. Tiffany and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-09-11 with Law categories.
Drinking alcohol can, in rare instances, provoke a temporary psychotic often violent reaction called pathological intoxication. Although it was medically identified in 1869, pathological intoxication has been an enigma to the law for over a century, primarily because the actual medical and psychiatric aspects of the concept have not been adequately explained before. But, as the authors of this volume point out, it is crucial for the defense attorney and the prosecutor to understand whether pathological or ordinary intoxication is involved in a particular case because pathological intoxication furnishes the basis of important and perhaps decisive defense strategies beyond those which derive from ordinary intoxication. This interdisciplinary study provides the first in-depth exploration of both the medical and psychiatric facts underlying the phenomenon of pathological intoxication and explores the suitability of various defense theories. Written especially for practicing criminal defense lawyers, public defenders, prosecutors, and forensic psychiatrists, the volume begins by examining the clinical and experimental evidence of pathological intoxication. In subsequent chapters, the authors alert the attorney to the indications that a defendant should be examined for possible pathological intoxication and include hard-to-find medical sources of support for the concept to persuade courts and prosecutors of its legitimacy. A series of chapters thoroughly explores all the relevant legal defense strategies available in pathological intoxication cases including the defense of automatism, the law of insanity, involuntary intoxication, and diminished capacity and extreme mental and emotional disturbance. Throughout, the authors incorporate both domestic and foreign literature relating to pathological intoxication. The inclusion of ample case examples as well as a wealth of medical and psychiatric data make this book a major contribution to our understanding of both the phenomenon of pathological intoxication and its implications for legal defense strategy.
The Problem Of Intoxication As A Defense To Crime
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Author : Joint Committee on Continuing Legal Education (U.S.)
language : en
Publisher:
Release Date : 1961
The Problem Of Intoxication As A Defense To Crime written by Joint Committee on Continuing Legal Education (U.S.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Criminal liability categories.
Intoxication And Criminal Responsibility
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Author : Vicki Mullen
language : en
Publisher:
Release Date : 1995
Intoxication And Criminal Responsibility written by Vicki Mullen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Criminal liability categories.
An Analysis Of Criminal Liability
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Author : Edwin Charles Clark
language : en
Publisher: Fred B. Rothman
Release Date : 1880
An Analysis Of Criminal Liability written by Edwin Charles Clark and has been published by Fred B. Rothman this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Law categories.
A jurisprudential analysis of criminal liability comparing the views of Austin, Blackstone, Stephen, and others.
Criminal Law
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Author : Jerome Hall
language : en
Publisher: MICHIE
Release Date : 1983
Criminal Law written by Jerome Hall and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Criminal law categories.
This textbook is devoted to the analysis of the basic principles which comprise criminal law. Mens Rea, criminal conduct, causation, strict liability; & the defenses of ignorance, mistake, necessity, coercion, intoxication, & mental disease are discussed in the work.