What is the difference between the defenses of infancy and intoxication

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Find a Lawyer. Law Students. US Federal Law. US State Law. For example, if an otherwise-sane father kills the person who molested his child, the father might claim that he was unable to control his actions because of his outrage at the molester's heinous conduct.

The irresistible impulse defense fell into disfavor following John Hinckley's acquittal by reason of insanity for his attempt to assassinate President Ronald Reagan. Also used in some jurisdictions is the Model Penal Code test of insanity first used at large in It provides that a person is not responsible for his conduct if at the time of the conduct the he lacks the substantial capacity, because of a mental disease or defect, either to appreciate the criminality or wrongfulness of the conduct or to conform the conduct to the requirements of the law.

Trial must be rescheduled if a defendant is insane at the time of trial. The Supreme Court has ruled that a defendant must have the present ability to consult with a lawyer with a reasonable degree of rational understanding, and must have a rational and a factual understanding of the proceeding against him.

A convict who goes insane after imposition of a death sentence is entitled to a stay of execution until adjudged sane. Infancy is a lack of legal capacity to be held responsible for a crime due to the age of the perpetrator.

At common law, a child under the age of seven was presumed incapable of committing a crime. Between ages seven and 14, a rebuttable presumption existed that a juvenile was incapable of committing a crime. This presumption weakened progressively as the child approached age Presently, most states define juveniles as persons under the age of 18, although a some states denominate 17 or Juvenile cases are handled under a different system than adult criminal cases.

At early common law, criminal defendants were divided into three age groups. Those under the age of seven were deemed incapable of forming criminal intent, and could not be criminally prosecuted. Defendants between the ages of seven and fourteen were provided a rebuttable presumption that they lacked the mental capacity to form criminal intent.

Once a defendant turned fourteen, he or she was subject to an adult criminal prosecution. Modern statutes codify the adult criminal prosecution standard for different age groups.

Other states set forth a minimum age, such as fourteen or sixteen, and defendants who have reached that age are prosecuted as adults N. When a juvenile court has jurisdiction, the jurisdiction must be forfeited if the juvenile is to be prosecuted as an adult. This process is called waiver.

Juvenile courts can have exclusive jurisdiction over minors under eighteen, or concurrent or simultaneous jurisdiction with adult courts, depending on the state. States vary as to the waiver procedure. Some states allow judges to use discretion in granting the waiver, while others vest this power in the legislature or the prosecutor Sickmund, M.

United States, Mario is ten years old. Mario shoplifts some candy from the local market and is arrested. The newly elected district attorney decides to make an example of Mario, and begins an adult criminal prosecution against him for theft. Mario can probably claim infancy as a perfect defense to the theft charge. Mario should be adjudicated in juvenile court, not prosecuted as an adult. The intoxication defense could be perfect or imperfect, statutory or common law, depending on the jurisdiction.

Intoxication is a state that is achieved either voluntarily or involuntarily. Most states frown on the use of voluntary intoxication as a defense, and allow it only to reduce the severity of the crime charged N. Conduct that occurs after the voluntary intoxication probably is not excused unless the intoxication prevents the defendant from forming the criminal intent required for the offense Or.

If the crime charged is a reckless intent crime, voluntary intoxication rarely provides even an imperfect defense Tenn. Code Ann. Involuntary intoxication is more likely to provide a defense than voluntary intoxication. Generally, a defendant can claim involuntary intoxication if he or she ingested the drug or alcohol unknowingly or under force, duress, or fraud California Jury Instructions No. Delilah is twenty-one and legally able to consume alcohol.

The date rape drug produces a state of unconsciousness during which Delilah severely beats a sorority sister. Delilah can probably claim involuntary intoxication as a defense in this situation. Although Delilah voluntarily drank the alcohol, she became intoxicated from the date rape drug that she ingested unknowingly. Delilah could be acquitted or could have a charge of aggravated battery reduced, depending on the jurisdiction.

Mistakes can be a mistake of law or a mistake of fact. Mistake of law and fact defenses can be statutory or common law, perfect or imperfect, depending on the jurisdiction. The basis of the mistake of law defense is that the defendant believes his or her criminal conduct is legal. The defense could be a failure of proof defense or an affirmative defense of excuse, depending on the jurisdiction Tex.

Penal Code, Most states require that the mistake of law be founded on a statute or judicial decision that is later overturned La. Ann, Incorrect advice from a licensed attorney cannot form the basis of a mistake of law defense Hopkins v. State, Nor can mistake of law be rooted in ignorance of the law because all individuals are required to know the criminal laws effective in their jurisdiction.

Shelby, an attorney, researches current case law and determines that it is legal to sell products over the Internet and not charge sales tax. Shelby starts selling designer clothing on eBay and does not charge her customers any sales tax.

The case decision that Shelby relied on is overturned by a court of appeals. Shelby can probably assert mistake of law as a defense to the crime of evading payment of sales tax.