Is intoxication relevant in a prosecution for murder?

MultiRegion, United States of America

The following excerpt is from Riley v. McDaniel, 786 F.3d 719 (9th Cir. 2015):

Moreover, it is well-recognized [under Nevada law] that in a prosecution for murder evidence of the intoxication of the accused is relevant for the purpose of a jury determination whether the defendant lacked the capacity to deliberate and premediate [sic] required of first degree murder. Jackson v. State, 84 Nev. 203, 438 P.2d 795, 797 (1968) (citing a number of cases from as early as 1877); see also Nev.Rev.Stat. 193.220 ([W]henever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the fact of the person's intoxication may be taken into consideration in determining the purpose, motive or intent.).

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