INTOXICATION AS A DEFENSE

Intoxication As A Defense

Intoxication As A Defense

What is the point of having laws? Most people would answer that question by saying in some way, " To protect the lives of innocent citizensLaw are based on the crimes individuals violate according to criminal law. There are wide ranges of crimes, such as stealing from someone to killing someone. The punishments vary according to the crime. Criminal law is somewhat a force we approve for establishing punishments and regulations. Criminal law is important to all American citizens. (Garel, 2005)     

According to FBI crime report, the most common performed crime is larceny. Larceny is to take or remove a possession that is the property of another. Larceny explicitly is announced as theft. Next most common performed crime is burglary. Burglary is very common to larceny and robbery, but includes breaking and entering into a building in the time with the intent to commit a felony. (Hornik, 2004)    

The following most common performed crime is aggravated assault. Aggravated assault is a threat of physical injury to another. Aggravated assault usually occurs where high stress is evident.     

Finally, the last most common performed crime is murder. Murder is the killing of a human being by a person who had the intent to kill. Murder is broken down into four different degrees. First degree murder is when a person intends to kill another without justification or excuse, and succeeded to do so. Second degree murder is when a person inflicted upon another a serious injury, but instead brings about an unintended death. Third degree murder is when a person acts in an extremely reckless way that demonstrates a obtuse indifference to value a human life without intending to do so. Forth degree murder is when a person causes a death during the course of committing a felony. Murder usually takes place because of rage or mental fault.(Barbor, 2006)       

Subsequently Theories have been advanced to justify the goals of criminal punishment. These punishments are retribution, deterrence, restraint, rehabilitation, restoration, and the death penalty. Retribution is imposed on the blameworthy party n order for society to vent anger toward the exact vengeance upon the criminal. Deterrence is imposed upon a person who has committed a crime and the punishment that is inflicted will dissuade the offender from repeating the crime. Restraint is to be executed otherwise incapacitated, such punishment will deny the criminal the ability or opportunity to commit further crimes to harm society. Rehabilitation is to prevent crime by providing offenders with the education and treatment necessary to eliminate criminal tendencies. Restoration takes a victim oriented approach to the crime that emphasizes restitution for victims. The death penalty is when a judge, jury, and prosecutor believe there is nothing that could determine whether or not the defendant's client has the rights to live for the protection of all citizens.(Jones, 2009)   

American drinking customs are concentrated around three types of social settings: the home, the cocktail party, and the public drinking establishment (Barbor, ...