Atticus Finch
Call Me a Cab
- Messages
- 2,718
- Location
- Coastal North Carolina, USA
Ephraim Tutt said:And just as a matter of interest. if intoxication is sufficient to counter mens rea, then what does a prosecutor do over there? Our courts have become less than sympathetic to such defences over here, especially in the circumstances you describe.
Voluntary intoxication is an odd animal in our jurisprudence. It can be an incomplete defense to a small number of crimes that require a specific intent. An example of such a crime is felony breaking and entering. For a B&E to be a felony, the defendant must intend to commit another felony (i.e., a rape, arson, assault or whatever), or a larceny, within the building which is the subject of his breaking…and that intent must exist at the time of the breaking. If the defendant successfully raises a VI defense, felony intent is defeated and he is guilty of only a misdemeanor B&E.
Procedurally, in order to get a VI instruction, the defendant must make a preliminary showing that he was extremely intoxicated at the time of the crime…so much so that there is reasonable doubt as to his ability to formulate the requisite intent. He bears no burden beyond this point and he can rely on the State’s evidence to make that showing.
AF