Can a defendant introduce evidence of voluntary intoxication to raise a reasonable doubt about their mental state?

California, United States of America


The following excerpt is from People v. Berg, 23 Cal.App.5th 959, 233 Cal.Rptr.3d 629 (Cal. App. 2018):

Defendant argues that evidence of voluntary intoxication "may be introduced by a defendant in order to raise a reasonable doubt regarding a specific mental state, such as knowledge, that is an element of a general intent offense." But that argument is contradicted by the plain language of section 29.4. And defendant's reliance on People v. Ricardi (1992) 9 Cal.App.4th 1427, 12 Cal.Rptr.2d 364 and a general statement in the use notes to CALCRIM No. 251 is misplaced because those authorities involve specific intent crimes.

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