ADMJ 103 Lecture Notes - Lecture 30: Burglary, Actus Reus, Statutory Rape
22 Aug 2020
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Evidence of voluntary intoxication is not admissible to defeat mens rea in general intent crimes. Evidence of voluntary intoxication may be admissible to defeat mens rea in specific intent crimes. But some states prohibit admission of evidence of intoxication altogether; not due process violation voluntary intoxication: tex. (a) voluntary intoxication does not constitute a defense to the commission of crime. (b) evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. (d) for purposes of this section intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Aggravated assault (w/ intent to commit bodily injury) Arson (fire starting w/ intent to destroy property) Burglary (entry w/ intent to commit a crime) Forgery (intent to promote commission of crime) Conspiracy (intent to promote commission of crime) strict liability. Speeding and some other traffic offenses mpc:
