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Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense. However, in most states the defendant's intoxication or drug use may serve as the basis for a claim for diminished capacity.

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Q: Is voluntary intoxication can be used as a successful defense under some circumstances?
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Related questions

How often is voluntary intoxication or drugs use the basis for the successful assertion of the insanity defense?

Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense. However, in most states the defendant's intoxication or drug use may serve as the basis for a claim for diminished capacity.


Does Texas have an intoxication defense law?

Voluntary intoxication does not negate intent in a criminal matter in Texas.


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Is it ever justifiable to break the law?

Some times yes! in cases of; 1. personal defense, 2. property defense, 3. defense of others, 4. intoxication, 5. incapacity (minors), 6. insanity, 7. duress, 8. and others


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