Committing a Crime while Intoxicated: The Basis of Liability and Legal Regulation
DOI:
https://doi.org/10.6000/1929-4409.2020.09.215Keywords:
Aggravating circumstance, alcoholintoxication, crime, criminal liability, intoxication.Abstract
Alcohol and drugs have been known for a long time, and their purpose has changed in the course of history. Being part of the global culture, they have come down to us. With the development of mankind, drugs were limited. This article attempts to analyzes the concept and types of intoxication. The authors also take into consideration the basis of criminal liability for committing a crime while intoxicated, as well as the role of intoxication in criminal law. This research was based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systematic and logical methods, analysis and synthesis) and specific scientific methods. In the end, It can be concluded that the state of intoxication can be included in the main corpus delict, used as a qualifying attribute, as well as circumstances aggravating liability. It is indicated that considering intoxication as an aggravating circumstance requires a connection between crime and intoxication.
References
Ann D. 1999. Alcohol and Crime: Taking stock.
Cimaa M., Nijmanb H., Merckelbachc H., Kremerd K., Hollnackd S. 2004. Claims of crime-related amnesia in forensic patients. International Journal of Law and Psychiatry. https://doi.org/10.1016/j.ijlp.2004.03.007 DOI: https://doi.org/10.1016/j.ijlp.2004.03.007
Dingwall G. (2007). Intoxicated mistakes about the need for self-defence. The Modern Law Review, 70(1): 127-138. https://doi.org/10.1111/j.1468-2230.2006.00628_1.x DOI: https://doi.org/10.1111/j.1468-2230.2006.00628_1.x
Do Canto-Pereira L.M., David I.P., Machado-Pinheiro W., and Ranvaud R.D. 2007. Effects of acute alcohol intoxication on visuospatial attention. Human & experimental toxicology, 26(4): 311-319. https://doi.org/10.1177/0960327106070490 DOI: https://doi.org/10.1177/0960327106070490
Felson R.B., and Staff J. 2010. The effects of alcohol intoxication on violent versus other offending. Criminal Justice and Behavior, 37(12): 1343-1360. https://doi.org/10.1177/0093854810382003 DOI: https://doi.org/10.1177/0093854810382003
Gately I. 2008. Drink: a cultural history of alcohol. Penguin.
Graham L., Parkes T., McAuley A., and Doi L. 2012. Alcohol problems in the criminal justice system: an opportunity for intervention. Denmark: World Health Organisation.
Ivantsa N.N. 2002. Rukovodstvo po narkologii. Pod red.. M.: Medpraktika-M. (in Russian).
Klimenko T.V. 2012. Sudebnayapsikhiatriya: uchebnikdlya-bakalavrov. M., (in Russian).
Lyubavina M.A. 2015. Otvetstvennost' lits, sovershivshikh-prestupleniye v sostoyaniiop'yaneniya. Kriminalist. # 2. (in Russian).
Modig F., Fransson P.A., Magnusson M., and Patel M. 2012. Blood alcohol concentration at 0.06 and 0.10% causes a complex multifaceted deterioration of body movement control. Alcohol, 46(1): 75-88. https://doi.org/10.1016/j.alcohol.2011.06.001 DOI: https://doi.org/10.1016/j.alcohol.2011.06.001
Peter N.S.,and Hoaken R.O. 2000. The Effects of Alcohol Intoxication on Aggressive Responses in Men and Women. Alcohol & Alcoholism, 35(5): 471-477. https://doi.org/10.1093/alcalc/35.5.471 DOI: https://doi.org/10.1093/alcalc/35.5.471
Poothakool K. 2018. The Role of Law Enforcement in Community-Based Drug Treatment and its Impact on Crime Prevention. International Journal of Criminology and Sociology. 7(250-259). https://doi.org/10.6000/1929-4409.2018.07.18 DOI: https://doi.org/10.6000/1929-4409.2018.07.18
Puri B., and Treasaden I.H. (Eds.). 2017. Forensic Psychiatry: Fundamentals and Clinical Practice. CRC Press. https://doi.org/10.1201/9781315380797 DOI: https://doi.org/10.1201/9781315380797
Quilter J., McNamara L., Seear K., and Room R. 2016. The Definition and Significance of Intoxication in Australian Criminal Law: A Case Study of Queensland's Safe Night out Legislation. QUT L. Rev., 16: 42-58. https://doi.org/10.5204/qutlr.v16i2.654 DOI: https://doi.org/10.5204/qutlr.v16i2.654
Ray K., Borkowski E., Leal W., and Bales W. 2017. What Happens When Investigating a Crime Takes Up Too Much Time? An Examination of How Optimal Law Enforcement Theory Impacts Sentencing. International Journal of Criminology and Sociology. 6: 215-225. https://doi.org/10.6000/1929-4409.2017.06.23 DOI: https://doi.org/10.6000/1929-4409.2017.06.23
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Policy for Journals/Articles with Open Access
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work
Policy for Journals / Manuscript with Paid Access
Authors who publish with this journal agree to the following terms:
- Publisher retain copyright .
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work .