Substrate Record: qid 1504

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qid 1504 · law

Question: In which of the following situations would the defendant's intoxication NOT be able to negate his criminal culpability?

1. A defendant had been drinking at a local pub and got into a heated argument with another patron. The argument escalated, and the defendant pulled out a pocket knife and stabbed the other patron. The defendant is arrested and charged with attempted murder.
2. A defendant had been drinking heavily at a friend's house. Later that evening, he decided to drive home despite being significantly over the legal blood alcohol limit. On the way, he ran a red light and hit a pedestrian who was crossing the street. The defendant is arrested and charged with vehicular manslaughter.
3. A defendant spent the evening drinking at a bar. On his way home, he broke into a house, intending to steal valuables. However, he fell asleep on the couch before he could steal anything. He was discovered by the homeowners and arrested and charged with attempted robbery.
4. After a night of heavy drinking, a defendant broke into a jewelry store and stole several expensive items. He was caught on the store's surveillance cameras and later arrested and charged with burglary.
5. A defendant had been drinking liquor all evening at a bar with three of his buddies. An undercover detective overheard the defendant and his buddies plot to rob the bar after closing hours. When the defendant attempted to draw a gun from his coat, he was quickly disarmed and placed under arrest by the detective. The defendant is charged with the crime of conspiracy to commit robbery.
6. A defendant was drinking at a bar when he noticed a woman leave her purse unattended. He stole the purse and was later arrested and charged with theft.
7. A defendant attended a wedding reception at a hotel, where he drank several vodka daiquiris. Following the reception, the defendant engaged in a violent argument with the hotel's parking lot attendant. The defendant took a tire iron from his car and threw it at the attendant. The tire iron missed the attendant and hit a victim as he was entering the hotel. The defendant is arrested and charged with assault with the intent to commit battery.
8. At his law school graduation party, a defendant drank two six-packs of beer. Around midnight, the defendant was approached by a girl, who asked him to drive her home. Although the girl was only 15 years old, she had the appearance of a woman in her mid-to-late twenties. The defendant, who had had his eye on the girl all night, quickly agreed, and he showed her the way to his car. Once inside, they engaged in sexual intercourse. The age of consent in this jurisdiction is 17 years old for females. The defendant is subsequently arrested and charged with statutory rape.
9. After consuming a large amount of alcohol at a party, a defendant decided to set a neighbor's car on fire out of spite. He was seen by witnesses and later arrested and charged with arson.
10. A defendant had consumed a fifth of bourbon. Later that same day, he approached a victim and, brandishing a knife, told her to accompany him or he would stab her. He led the victim to his car and then ordered her to disrobe. As the victim was removing her pantyhose, she kicked the defendant in the head, temporarily dazing him. The victim then safely ran from the car. The defendant is arrested and charged with the crime of assault with the intent to commit rape.

Our answer: H. At his law school graduation party, a defendant drank two six-packs of beer. Around midnight, the defendant was approached by a girl, who asked him to drive her home. Although the girl was only 15 years old, she had the appearance of a woman in her mid-to-late twenties. The defendant, who had had his eye on the girl all night, quickly agreed, and he showed her the way to his car. Once inside, they engaged in sexual intercourse. The age of consent in this jurisdiction is 17 years old for females. The defendant is subsequently arrested and charged with statutory rape. Source quote machine-checked (exact quote)

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