CRM/LAW C144 Chapter Notes - Chapter PEOPLE V HOOD: Reprobation
20 Jun 2017
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Underlying facts, the actual crime that took place. The trial court had given the jury hopelessly conflicting instructions on the effect of intoxication . On the one hand, the moral culpability of a drunken criminal is frequently less than that of a sober person effecting a like injury. The judges were apparently troubled by this rigid traditional rule, however, for there were a number of attempts during the early part of the nineteenth century to arrive at a more humane, yet workable, doctrine. The theory that these judges explored was that evidence of intoxication could be considered to negate intent, whenever intent was an element of the crime charged. Too often the characterization of a particular crime as one of specific or general intent is determined solely by the presence or absence of words describing psychological phenomena intent or malice, for example. In the statutory language defining the crime.
