Last edited by Yorr
Sunday, May 17, 2020 | History

5 edition of The legal defense of pathological intoxication found in the catalog.

The legal defense of pathological intoxication

with related issues of temporary and self-inflicted insanity

by Lawrence P. Tiffany

  • 153 Want to read
  • 27 Currently reading

Published by Quorum Books in New York .
Written in English

    Places:
  • United States.
    • Subjects:
    • Drunkenness (Criminal law) -- United States.,
    • Criminal liability -- United States.,
    • Alcoholism -- United States.

    • Edition Notes

      Includes bibliographical references (p. [495]-523) and index.

      StatementLawrence P. Tiffany and Mary Tiffany.
      ContributionsTiffany, Mary.
      Classifications
      LC ClassificationsKF9243 .T54 1990
      The Physical Object
      Paginationxviii, 542 p. ;
      Number of Pages542
      ID Numbers
      Open LibraryOL2220660M
      ISBN 100899305482
      LC Control Number89049429

        Intoxication, or substance intoxication, is the state of being inebriated or drunk. Examples of intoxication include alcohol intoxication, cocaine intoxication, and intoxication by inhaling fumes. The state of being intoxicated is often referred to in such slang terms as being “wasted,” “sloshed,” “stoned,” “high,” or “blazed. involuntary-intoxication defense. In this article, I review cases where defendants relied on the use of prescribed medications for an involuntary-intoxication defense. The medications most frequently implicated by defendants are listed by name and by class. From the case law, I provide a summary of the defense and a review of the pitfalls of Cited by: 1.

      Pathological intoxication is real, often disastrously so, and provides a potentially *This material is based on the forthcoming book, The Legal Defense of Pathological Intoxication With Related Issues of Temporary and Self-Inflicted Insanity (Quorum Books, a division of Cited by: 7. Intoxication. A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs. Generally, an intoxicated person is incapable of acting as an ordinary prudent and cautious person would act under similar conditions.

      Involuntary Intoxication or pathological intoxication. Involuntary Intoxication or pathological intoxication is a defense where: (a) the accused did not know what he was doing by virtue of his intoxication; or (b) if he was able to recognize what he was doing, he was unable to recognize what he was doing was wrong.   Individuals who require formal legal advice should consult with a licensed attorney. Charges such as being drunk and disorderly, drunk in public, etc., have to do with public intoxication. In some states, public intoxication is a summary offense, meaning that charges can proceed without the right to a jury trial or indictment.


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The legal defense of pathological intoxication by Lawrence P. Tiffany Download PDF EPUB FB2

The level of intoxication rose to the M'Naghten standard customarily applied to the insanity defense. Pathological intoxication is relatively rare phenomenon where a small amount of alcohol or drug may, because of an abnormal bodily condition of which the defendant is unaware, trigger an explosive reaction and a loss of self-control.

Drinking alcohol can, in rare instances, provoke a temporary psychotic often violent reaction called pathological intoxication. Although it was medically identified inpathological intoxication has been an enigma to the law for over a century, primarily because the actual medical and psychiatric aspects of the concept have not been adequately explained before.

The Legal Defense of Pathological Intoxication by Lawrence P. Tiffany,available at Book Depository with free delivery worldwide. A series of chapters thoroughly explores all the relevant legal defense strategies available in pathological intoxication cases including the defense of automatism, the law of insanity, involuntary intoxication, and diminished capacity and extreme mental and emotional : A series of chapters thoroughly explores all the relevant legal defense strategies available in pathological intoxication cases including the defense of automatism, the law of insanity, involuntary intoxication, and diminished capacity and extreme mental and emotional : Lawrence P.

Tiffany, Mary Tiffany. Generally, an intoxicated person is incapable of acting as an ordinary prudent and cautious person would act The legal defense of pathological intoxication book similar conditions. In recognition of this factor, the law may allow intoxication to be used as a defense to certain crimes.

In many jurisdictions, intoxication is a defense to specific-intent crimes. intoxication [in-tok″sĭ-ka´shun] 1. stimulation, excitement, or impaired judgment caused by a chemical substance, or as if by one.

substance intoxication, especially that due to ingestion of alcohol (see discussion at alcoholism). Alcohol intoxication is defined legally according to a person's blood alcohol level; the definition is per cent. Define pathological intoxication.

pathological intoxication synonyms, pathological intoxication pronunciation, pathological intoxication translation, English dictionary definition of pathological intoxication. The impaired condition caused by use of alcohol or a drug or other chemical substance: slurred speech and other signs of alcohol.

Alcohol intoxication, also known as drunkenness or alcohol poisoning, is the negative behavior and physical effects due to the recent drinking of alcohol. Symptoms at lower doses may include mild sedation and poor coordination. At higher doses, there may be slurred speech, trouble walking, and vomiting.

Extreme doses may result in a decreased effort to breathe (respiratory depression), coma Complications: Seizures, aspiration pneumonia. – Pathological intoxication as either induced psychomotor epilepsy or the episodic dyscontrol syndrome – Pathological intoxication and the mental disease requirement in the law of insanity --Pathological intoxication and the defense of automatism: the physical disease and trauma cases.

In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their regard to punishment, intoxication may be a.

Legal defense of pathological intoxication: with related issues of temporary and self-inflicted insanity, The by Tiffany, MaryPages: In addition, the Model Penal Code also considers "pathological intoxication" to be involuntary.

Intoxication is pathological, according to the Model Penal Code, if the defendant consumes a small amount of an intoxicating substance yet suffers a disproportionately severe reaction to which he did not know that he was susceptible to.

question posed here is whether involuntary intoxication is an appro-priate defense to encompass pathological intoxication as proposed by the American Law Institute in the Model Penal Code. Here is the general legal defensive structure. Pathological intoxi-cation should fall under the defense of insanity if the preexisting, un-Author: Lawrence P.

Tiffany. Ordinary intoxication is contrasted with pathological intoxication, a rare disorder that occurs with relatively small doses of alcoholic beverages and is manifested by the sudden onset of a twilight state. Pathological intoxication can be accompanied by dangerous aggressive acts.

Pathological intoxication--is there such an entity. Hollender MH. Pathological intoxication appears as a diagnostic term in DSM-II and DSM-III, is defined in a psychiatric dictionary and is described in several textbooks.

Still, is there really such an entity. Is the small amount of Cited by: 8. A defendant may use an intoxication criminal defense against criminal charges. This intoxication defense occurs when a defendant proves that the crime was performed due to alcohol or drugs and not intentional.

The LegalMatch online law library contains legal insights to help you recover losses. Read : Katie Hamblen. * This article is based on work undertaken for the book, L. TIFFANY & M. TIFFANY, THE LEGAL DEFENSE OF PATHOLOGICAL INTOXICATION-WITH RELATED ISSUES OF TEMPORARY AND SELF-INFLICTED INSANITY ().

A justifiable homicide defense is typically a complete defense against the charge of homicide. This means that the defense, if proven, will excuse the defendant from receiving a punishment or sentence for committing the crime of homicide.

Some types of defenses listed under the general category of a justifiable homicide defense include:Author: Jaclyn Wishnia. I'm a psych resident, recently treated a patient with what my attending described as pathological intoxication.

DSMII/III. Opinions on this have been divided, but his presentation seemed consistent with the dx. "Classically, pathological intoxication is said to occur when, after consuming a. The Criminal Defense of Intoxication Intoxication is a defense available to criminal defendants on the basis that, because of the intoxication, the defendant did not understand the nature of his or her actions or know what he or she was doing.

The intoxication defense applies in very limited circumstances and typically depends on whether the intoxication was voluntary or involuntary and what.Pathological intoxication and alcohol idiosyncratic intoxication--Part II: Legal aspects.

Perr IN. The law does not generally allow alcohol intoxication as a defense in a criminal matter. Among the exceptions may be pathological intoxication, or PI, or its current psychiatric correlate, alcohol idiosyncratic intoxication (AII).Cited by: 4.Pathological drunkenness definition is - acute excitement with confusion and hallucinosis manifested over a short period of time after the drinking of alcohol and by .