Intoxication as a Defense Against Criminal Liability: a Comparative Analysis
INTOXICATION AS A DEFENSE AGAINST CRIMINAL LIABILITY : A COMPARATIVE ANALYSIS
SUBMITTED BY: Sharad Arya
Intoxication with alcohol and drugs is commonly associated with crimes of violence. The relationship between intoxication and criminal culpability is complex especially if a mental condition legal defence is being considered. The apparent stimulating effect of alcohol is due solely to the fact that it deadens the higher control centres and progressively the other centres as well, thus weakening or removing the inhibitions that normally keep us within the bounds of civilised behaviour.
The main highlight of this research paper will be to enunciate various legal defences available to an intoxicated offender under Indian law (Indian penal code) as well as other Common Law countries and to propose legal reforms to fill in loopholes associated with intoxication against criminal liability because a common man will not have much regard for the law if a drunken man batters him, and the man gets away with his conduct merely because he was too intoxicated to think clearly.
HYPOTHESIS:
The hypothesis of my research paper would be:
“the public is injured by the criminal act whatever the state of the criminal mind”
CHAPTER-I INTRODUCTION: “…death is final. This finality makes it proper to regard death as the most serious harm that may be inflicted on another, and to regard a person who chooses to inflict that harm without justification or excuse as the most culpable of offenders.”1- Professor Ashworth
Intoxication or Drunkeness2 is of exceptional theoretical importance for the criminal law not only because it involves the
SUBMITTED BY: Sharad Arya
Intoxication with alcohol and drugs is commonly associated with crimes of violence. The relationship between intoxication and criminal culpability is complex especially if a mental condition legal defence is being considered. The apparent stimulating effect of alcohol is due solely to the fact that it deadens the higher control centres and progressively the other centres as well, thus weakening or removing the inhibitions that normally keep us within the bounds of civilised behaviour.
The main highlight of this research paper will be to enunciate various legal defences available to an intoxicated offender under Indian law (Indian penal code) as well as other Common Law countries and to propose legal reforms to fill in loopholes associated with intoxication against criminal liability because a common man will not have much regard for the law if a drunken man batters him, and the man gets away with his conduct merely because he was too intoxicated to think clearly.
HYPOTHESIS:
The hypothesis of my research paper would be:
“the public is injured by the criminal act whatever the state of the criminal mind”
CHAPTER-I INTRODUCTION: “…death is final. This finality makes it proper to regard death as the most serious harm that may be inflicted on another, and to regard a person who chooses to inflict that harm without justification or excuse as the most culpable of offenders.”1- Professor Ashworth
Intoxication or Drunkeness2 is of exceptional theoretical importance for the criminal law not only because it involves the