Is intoxication a defense in a case where a defendant was found to have been impaired by alcohol?

MultiRegion, United States of America

The following excerpt is from McKenzie v. Risley, 842 F.2d 1525 (9th Cir. 1988):

17 A finding of capacity to form specific intent necessarily encompasses a finding of capacity to form general intent, since the former requires the higher degree of mental awareness and cognitive ability. It is for this reason that certain factors, such as intoxication, can affect a defendant's capacity to form specific intent while leaving intact his capacity to form general intent. See, e.g., State v. Lukus, 149 Mont. 45, 423 P.2d 49, 55 (1967) (intoxication is a defense to crimes requiring specific intent or "particular purpose," but not to general intent crimes).

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