The Law Of Intoxication
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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.
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 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.
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.
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.
The Oxford Handbook Of Criminal Law
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Author : Markus D Dubber
language : en
Publisher: OUP Oxford
Release Date : 2014-11-27
The Oxford Handbook Of Criminal Law written by Markus D Dubber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with Law categories.
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Cultures Of Intoxication
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Author : Fiona Hutton
language : en
Publisher: Springer Nature
Release Date : 2020-01-25
Cultures Of Intoxication written by Fiona Hutton and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-25 with Social Science categories.
This book considers the global discourses and debates about ‘intoxication’, engaging in critical academic discussion around this concept. The problems in defining intoxication are considered, alongside the meanings of intoxication and how these meanings often differ across diverse drug using populations. The way that intoxication has been engaged with over the centuries has affected how particular groups are perceived and responded to, resulting in punitive responses such as drug prohibition, alongside harsh treatment of those who are seen to transgress societal norms and values. Therefore, this collection seeks to unsettle dominant discourses about intoxication and to consider this concept in new, critical ways. Ways of being intoxicated are also defined in this book in their broadest sense; from ‘energy drinks’ and other legal drugs, to recreational use of illicit drugs such as ecstasy, to ‘problematic’ drug use.
Intoxication And Society
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Author : Jonathan Herring
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-21
Intoxication And Society written by Jonathan Herring and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-21 with Law categories.
Intoxicants, substances that alter a person's mental and physiological state, are a continuing obsession. In their effect on the mind and body, intoxicants go to the heart of what it means to be human. In the tensions between 'free' and uninhibited consumption on the one hand, and the pressures of social regulation and personal responsibility on the other, they also illuminate the daily paradoxes, and sheer complexity, of living in modern Western societies. Yet this complexity, and the rich history that underpins it, is often lost in the current debates over public policy. Intoxication and Society sets out to supplement the contemporary discourse surrounding intoxication with a more nuanced appreciation of the history and nature of what is very much a multidimensional problem. It does so by employing an interdisciplinary framework that includes contributions from leading academics in law, sociology, anthropology, history, literature, neuroscience and social psychology. The result is a subtle historical and contemporary rereading of the social construction of intoxication that will provide a secure basis for analysis as society continues to respond to the problematic pleasures of intoxication.
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.
Criminal Law For The 21st Century
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Author : Chan Wing Cheong
language : en
Publisher: Academy Publishing
Release Date : 2013-07-19
Criminal Law For The 21st Century written by Chan Wing Cheong and has been published by Academy Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-19 with Criminal law categories.
In this book, the authors propose a set of improved and modernised provisions expressing the general principles of criminal responsibility. This set of principles will comprise a 'General Part' which, it is proposed, will form part of Singapore's Penal Code. The key objective of devising and enacting the General Part is to significantly revitalise the Penal Code and restore many of its original technical attributes. Each chapter of this book comprises: (a) a carefully considered and drafted provision on a general principle of criminal responsibility; (b) a summary of the existing law in Singapore pertaining to that principle; (c) a selection of recent formulations of that principle from other jurisdictions to benchmark Singapore's law (both current and proposed) with international best practices; and (d) a comparison of these formulations with the provision proposed in this book for inclusion as a General Part in Singapore's Penal Code.