If not, can someone get away with a murder?
2006-08-02 08:02:43 · 13 answers · asked by dude 4 in Politics & Government ➔ Law Enforcement & Police
Being under the influence of alcohol is no defence.
2006-08-02 08:07:31 · answer #1 · answered by angelo26 4 · 0⤊ 0⤋
If you are so drunk that you cannot form the requisite intention for murder then you can only be convicted of manslaughter. In Canada, unfortunately, if you are so drunk that you do not even have the capability of controlling what you are doing you may even be not guilty because you cannot be said to have any voluntary actions.
The law really is nonsense in this area. At the beginning of thee 19th century being drunk was no defense to murder it was an aggravating factor. After that it was down hill all the way. Allowing it to be a defense is inexcusable because you cannot say how drink affects a certain individual and why should getting drunk allow anyone to avoid responsibility for taking someone Else's life?
2006-08-02 15:13:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No - being under the influence generally not a defense. I can in some circumstances be an enhancement to the original crime.
2006-08-02 18:32:43 · answer #3 · answered by Mr. PhD 6 · 0⤊ 0⤋
If I told you that you are a ;;;;xubg that should learn how to xoxoxo, instead of xoxoxo. Would you care if I was under the influence at that moment? Now, how about if I called you an xoxox, while I was sober. Which of these scenarios would you be more forgiven?
2006-08-02 15:54:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Of course their held responsible. That's why people are arrested for DUI's, or are charged with manslaughter or vehicular homicide if they kill someone while driving drunk. If people got away with murder just because they were drunk or on drugs, our prisons would be pretty empty.
2006-08-02 15:14:44 · answer #5 · answered by Naples_6 5 · 0⤊ 0⤋
Check the news today on Mel Gibson.
2006-08-02 18:31:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, but it seems that if that person puts themselves into a rehab facility, they can & do get away with just about anything!
2006-08-02 15:08:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
In minor crimes you might get away with it.... But murder I highly doubt it.
2006-08-02 16:16:59 · answer #8 · answered by Ronax3 3 · 0⤊ 0⤋
Yes, if you drive a car into someone while drunk you will get prosecuted even harder, for example.
2006-08-02 15:33:36 · answer #9 · answered by think2day 3 · 0⤊ 0⤋
yes in a court of law you are responsible for your actions while drunk!!
2006-08-02 15:07:50 · answer #10 · answered by Chris D 2 · 0⤊ 0⤋