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In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication.Where a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions.
The abuse defense is "the legal tactic by which criminal defendants claim a history of abuse as an excuse for violent retaliation". [2] In some instances, such as the Bobbitt trial, the supposed abuse occurs shortly before the retaliative act; in such cases, the abuse excuse is raised as a means of claiming temporary insanity or the right of self-defense.
Thus, society approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), [clarification needed] and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or ...
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Chronic alcohol use may lead to dependence, reckless behavior, anxiety, irritability, and insomnia. Alcohol is hepatotoxic and chronic use leads to elevated liver enzyme levels in the bloodstream (classically the aspartate aminotransferase level is at least twice as high as the alanine transaminase level), cirrhosis, and liver failure ...
Justification and excuse are different defenses in a United States criminal case. [ 1 ] : 513 Both defenses admit that the defendant committed an act proscribed by law. [ 1 ] : 513 The proscribed act has justification if the act had positive effects that outweigh its negative effects, or is not wrong or blameworthy.
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.
Alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, [9] and known in overdose as alcohol poisoning, [1] is the behavior and physical effects caused by recent consumption of alcohol.