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Intoxication defense : ウィキペディア英語版
Intoxication defense

In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication. Although general intent crimes do not require an intent to break the law, just an unlawful act (''actus reus'') and an intent to act in such a fashion,〔Rubin (1993) The Voluntary Intoxication Defense AOJ Bulletin IOG. pages 3 & 4.〕 specific intent crimes, such as residential burglary, require a certain mental state (''mens rea'') to break the law,〔 and those under the influence of an intoxicating substance may be considered to have reduced liability for their actions. Even "voluntary intoxication" (the knowing and voluntary consumption of alcohol or other drugs) can be used as a defense to a "specific intent" crime, whereas only "involuntary intoxication" ("My drink was spiked!") can be used as a defense to a general intent crime. As for punishment, intoxication may be a mitigating factor that decreases a prison or jail sentence.
==Discussion==
Societies have tended to have an ambivalent attitude toward public intoxication. In some eras, alcohol consumption or other drug-taking have formed the basis of religious or other socially approved ceremonies and festivals. In other eras of a more puritanical nature, intoxication has been stigmatized as a sign of human weakness, of immorality, or as a sin. This lack of consistency reflects different attitudes and cultural standards of public behavior and propriety. Alcohol and other drugs may affect the inhibitions that help to keep socialized individuals from breaking the prevailing social taboos which may or may not have been expressly criminalized. In more modern times and depending on the nature of the crime, the potential effectiveness of the defense will sometimes hinge on whether the defendant's intoxication was ''voluntary'' or ''involuntary''. Hence, the potential defense would be denied defendants who had voluntarily disabled themselves by knowingly consuming the relevant liquids or substances, while allowing a defense to those who had unknowingly consumed them.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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