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Intoxication in English law
Intoxication in English law is a circumstance which may alter the capacity of a defendant to form mens rea, where a charge is one of specific intent, or may entirely negate mens rea where the intoxication is involuntary. The fact that a defendant is intoxicated in the commission of a crime — whether voluntarily or not — has never been regarded as a full defence to criminal proceedings (unlike statutory defences such as self defence). Its development at common law has been shaped by the acceptance that intoxicated individuals do not think or act as rationally as they would otherwise, but also by a public policy necessity to punish individuals who commit crimes.
== Voluntary intoxication ==
(詳細はEarl of Birkenhead stated in 1920 that until the early 19th century voluntary drunkenness was never a defence, based on the principle that "a man who by his own voluntary act debauches and destroys his will power shall be no better situated in regard to criminal acts than a sober man".〔 This was considered the authority by Lord Elwyn-Jones in the ''Majewski'' case.〔 Instead, intoxication may assist the defence arguing that the defendant lacked the appropriate ''mens rea'' (mental element) for the crime.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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