Prepare:
Read Dressler, chapter 24 (319-334).
Read the Missouri, Kansas and MPC intoxication statues. (Note: There is no case to read)
Think about the following questions in conjunction with the readings and the rape problem:
Assume that Rapier had been drinking fairly heavily prior to the incident with Vicki. What role, if any, would his intoxication play in determining his criminal liability? What role should it play? Why?
Are you at all troubled by the Missouri approach, which precludes use of intoxication to negate a required state of mind? Why or why not? What if Roger had been charged with sexual assault and claimed his lack of knowledge resulted from his intoxication? Would failure to recognize this as a defense allow the government to convict without actually proving an essential element (knowledge) beyond a reasonable doubt? Does that present problems (either constitutional or otherwise)? Should it?
Are you satisfied with how these jurisdictions deal with intoxication? Which approach do you prefer? Should the rules be different? If so, how?
In Class: Discussion of Intoxication as it relates to the Rape Problem
Reflect:
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