If alcohol is a factor in a murder, would it lessen or increase the punishment?

Question

im not on a jury....im not even 18 yet. im just wondering.

happy- i am very sorry to hear that and i also agree with you. being under the influence should not excuse anyone for crimes they've committed.

i'm just wondering whether the courts usually go easier on people if they are under the influence

Answer 1

it will increase the punishment because it will create the base for the aggravated circumstances.

Answer 2

Alcohol wouldn't have anything to do with the punishment that was handed out.
Alcohol would mainly be somthing the prosecuter used as evidence that the person was not completley sober and could alter what a jury thought. It's not gonna be good for the person accused.

Answer 3

Being drunk does not change the punishment at all! I don't know how people can use being "drunk" as an excuse to commit crime. I've been drunk before, but I still had control over my actions. Only insanity can be classified as an excuse. If the person had no control over their actions then it could be understood as to why they committed the crime. People with mental illnesses such as schizophrenia, are the ones who are likely to be somewhat excused.

Answer 4

If you are hoping that being drunk can ecuse someone for a crime don't hold your breath. Alcohol and drug use or being under the influence are not justifiable excuses. It doesn't fall under the stringent requirement for insanity.

Answer 5

Drug and alcohol intoxication, since the mid 1800's is not itself a defense to a crime. Nonetheless, in many jurisdictions in the United States, drug and alcohol intoxication can be used to raise reasonable doubt about a specific intent that is an integral element of some crimes. All crimes, except strict liability crimes, necessitate both an act (actus reus) and criminal intent (mens rea). If there is no mens rea such as in an accident, an individual cannot be found guilty of a crime requiring criminal intent. This area of the law is complex, differs from state to state, and is much more complicated than the insanity defense. However this knowledge is important whenever forensic psychiatric evaluations are performed in jurisdictions that permit these defenses. General criminal intent refers to the intent to perform the act. General intent can be negated only by an insanity defense. It is a complete defense, negating the entire mens rea (both general and specific intent). A defendant is found not guilty by reason of insanity. Drug and alcohol intoxication alone cannot be the basis for an insanity defense. In addition to general intent, many crimes require an additional specific intent. A specific intent is intent to do some further act or to achieve some additional consequence, in addition to the general intent to do the act. The concept of specific intent was developed as a means of taking drug and alcohol intoxication into account as a partial excuse. Drug and alcohol intoxication can be used to negate only the specific intent in specific intent crimes.

Mens rea defenses are partial defenses that can negate a specific intent and thereby result in a defendant being found guilty of a lesser-included crime. In those jurisdictions that permit such defenses, drug and alcohol intoxication can be used as evidence to raise reasonable doubt about a required specific intent. In some states, such evidence is used affirmatively to negate a required specific intent, and the defense is called "extreme emotional disturbance." Since the mid 1900's, originally in California and later in many other states, mental illness also was included as a way to negate specific intent. The defense became known as diminished capacity and referred to a defendant's capacity to have the specific intent required for a crime. If a diminished capacity defense is successful, the defendant is found guilty of a lesser included crime, thereby resulting in a lesser sentence. Since it is not always intuitively obvious which crimes are specific intent crimes, it is important to consult with the attorney. Assault is a general intent crime even though it requires a specific mental state. The distinction was made because this offense too often is associated with intoxication. However, assault with intent to murder is a specific intent crime. If the intent to murder is negated by intoxication or mental illness, then a defendant is found guilty of only assault. Arson is a general intent crime, so it also cannot be negated by intoxication. Murder is a specific intent crime despite there being no further act required. Defendants lacking the specific intent required for murder are found guilty of manslaughter. The distinction between murder and manslaughter developed to prevent individuals who killed another in a drunken brawl from receiving an automatic death penalty.

Laws differ from state to state. Some jurisdictions permit mens rea defenses but others do not. Crimes are defined differently in the various states. Since intoxication is such a common factor in most violent crime, efforts should be made to assess whether a defendant's intoxication negated a required specific intent in a particular case. Since the middle of this century, mental illness - even if of a lesser degree than that required for insanity defenses - also can be used for a mens rea defense. Intoxication itself is no excuse for committing a crime.

Answer 6

murder is murder. i don't think it should matter 'how' it was done like if a knife or gun was involved. all murders should be treated based on the evidence of the case. and let the legal system do its job and hope for the best but that will never ease the pain of losing a loved one.

Answer 7

i think that depends on what side of the crime are you, if you`re in the victim side you`ll think it sould be increased if youre in the murderer side, you`ll hope it lessen this is something can happen to every one of us, no body can say i will never do something stupid when i`m drunk or even say i`ll never drink, in a neutral side, i`ll say it should be way increased

Answer 8

If you are on a jury right now, you may be breaking the law by asking that question. I would suggest that you don't read any further if that is the case.

Answer 9

Murder is murder. If it in enhanced with any kind of drug of choice shouldn't make a difference....someones life has been taken. How would feel if it happened in your family???

Answer 10

I'm not sure what it would do, but it should have no bearing on the crime. Drunk or sober, you must be held responsible for what you do.